Agenda packet — Baldwin Park City Council, March 6, 2024 (part 6 of 8)

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CITY OF PASADENA
NTD SAFETY AND SECURITY REPORT - 2018
April 2018
Non-Major Incident
(Security)
Occurrence of Part I offences
(except homicide)

1. Forcible rape 0 0 0 0 0 0 0 0 0 0 0 0

2. Robbery 0 0 0 0 0 0 0 0 0 0 0 0

3. Aggravated assault 0 0 0 0 0 0 0 0 0 0 0 0

4. Burglary 0 0 0 0 0 0 0 0 0 0 0 0

5. Larceny/theft 0 0 0 0 0 0 0 0 0 0 0 0

6. Motor vehicle theft 0 0 0 0 0 0 0 0 0 0 0 0

7. Arson 0 0 0 0 0 0 0 0 0 0 0 0
Arrest/Citation for Part II
Offenses:

1. Other assaults 0 0 0 0 0 0 0 0 0 0 0 0

2. Vandalism 0 0 0 0 0 0 0 0 0 0 0 0

3. Trespassing 0 0 0 0 0 0 0 0 0 0 0 0

4. Fare evasion 0 0 0 0 0 0 0 0 0 0 0 0
Occurrence of Other Security
Issues:

1. Bomb threat 0 0 0 0 0 0 0 0 0 0 0 0

2. Bombing 0 0 0 0 0 0 0 0 0 0 0 0

3.Chemical/Biological/Nuclear
release 0 0 0 0 0 0 0 0 0 0 0 0

4. Cyber incident 0 0 0 0 0 0 0 0 0 0 0 0

5. Hijacking 0 0 0 0 0 0 0 0 0 0 0 0

6. Non-violent civil disturbance 0 0 0 0 0 0 0 0 0 0 0 0

7. Sabotage 0 0 0 0 0 0 0 0 0 0 0 0
Occurrence of Suicides
and attempts. 0 0 0 0 0 0 0 0 0 0 0 0

Page 2 of 2 ends

First Transit, Pasadena
DAR Monthly Mechanical Down List
Apr-18
Unit Mileage Date OOS Reason
work in house or
vendor
Estimated
return date
Actual
return date
3051 16-Mar Body shop vendor 15-Apr
Date Day Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 331.20 41.00 372.20 331.20 41.00 372.20 2-Apr Monday 703.70 86.80 790.50 - - - - - - 703.70 86.80 790.50 3-Apr Tuesday 928.00 120.90 1,048.90 - - - - - - 928.00 120.90 1,048.90 4-Apr Wednesday 935.20 116.90 1,052.10 - - - - - - 935.20 116.90 1,052.10 5-Apr Thursday 859.70 101.10 960.80 - - - - - - 859.70 101.10 960.80 6-Apr Friday 762.80 99.50 862.30 - - - - - - 762.80 99.50 862.30 7-Apr Saturday - - - 410.50 38.40 448.90 - - - 410.50 38.40 448.90 8-Apr Sunday - - - - - - 334.40 50.00 384.40 334.40 50.00 384.40 9-Apr Monday 751.00 82.20 833.20 - - - - - - 751.00 82.20 833.20 10-Apr Tuesday 899.90 119.10 1,019.00 - - - - - - 899.90 119.10 1,019.00 11-Apr Wednesday 1,049.30 96.00 1,145.30 - - - - - - 1,049.30 96.00 1,145.30 12-Apr Thursday 686.60 110.40 797.00 - - - - - - 686.60 110.40 797.00 13-Apr Friday 745.50 89.60 835.10 - - - - - - 745.50 89.60 835.10 14-Apr Saturday - - - 342.10 40.70 382.80 - - - 342.10 40.70 382.80 15-Apr Sunday - - - - - - 407.20 52.90 460.10 407.20 52.90 460.10 16-Apr Monday 746.50 81.70 828.20 - - - - - - 746.50 81.70 828.20 17-Apr Tuesday 894.20 109.10 1,003.30 - - - - - - 894.20 109.10 1,003.30 18-Apr Wednesday 969.50 98.10 1,067.60 - - - - - - 969.50 98.10 1,067.60 19-Apr Thursday 829.10 109.50 938.60 - - - - - - 829.10 109.50 938.60 20-Apr Friday 826.00 81.20 907.20 - - - - - - 826.00 81.20 907.20 21-Apr Saturday - - - 274.00 37.70 311.70 - - - 274.00 37.70 311.70 22-Apr Sunday - - - - - - 423.60 57.20 480.80 423.60 57.20 480.80 23-Apr Monday 744.50 87.50 832.00 - - - - - - 744.50 87.50 832.00 24-Apr Tuesday 909.00 110.20 1,019.20 - - - - - - 909.00 110.20 1,019.20 25-Apr Wednesday 894.00 105.20 999.20 - - - - - - 894.00 105.20 999.20 26-Apr Thursday 740.60 100.00 840.60 - - - - - - 740.60 100.00 840.60 27-Apr Friday 781.40 95.50 876.90 - - - - - - 781.40 95.50 876.90 28-Apr Saturday - - - 345.60 47.70 393.30 - - - 345.60 47.70 393.30 29-Apr Sunday - - - - - - 369.50 48.00 417.50 369.50 48.00 417.50 30-Apr Monday 802.20 78.20 880.40 - - - - - - 802.20 78.20 880.40 1-May Tuesday - - - - - - - - - - - -
Totals 17,458.70 2,078.70 19,537.40 1,372.20 164.50 1,536.70 1,865.90 249.10 2,115.00 20,696.80 2,492.30 23,189.10 M-F Miles Saturday Miles Sunday Miles
Altadena / LA County / San Marino / Pasadena Dial-A-Ride Total Revenue / Dead Miles
April 2018
Totals
M-F Revenue Saturday Revenue Sunday Revenue Total
Miles Miles Miles Miles
1-Apr Sunday - - 15.40 15.40
2-Apr Monday - - - -
3-Apr Tuesday 11.60 - - 11.60
4-Apr Wednesday 26.50 - - 26.50
5-Apr Thursday - - - -
6-Apr Friday 3.30 - - 3.30
7-Apr Saturday - - - -
8-Apr Sunday - - - -
9-Apr Monday 14.00 - - 14.00
10-Apr Tuesday 5.00 - - 5.00
11-Apr Wednesday - - - -
12-Apr Thursday 7.90 - - 7.90
13-Apr Friday 7.00 - - 7.00
14-Apr Saturday - - - -
15-Apr Sunday - - 17.40 17.40
16-Apr Monday 12.00 - - 12.00
17-Apr Tuesday - - - -
18-Apr Wednesday 10.50 - - 10.50
19-Apr Thursday 35.20 - - 35.20
20-Apr Friday 5.30 - - 5.30
21-Apr Saturday - - - -
22-Apr Sunday - - 17.60 17.60
23-Apr Monday 26.50 - - 26.50
24-Apr Tuesday - - - -
25-Apr Wednesday 12.30 - - 12.30
26-Apr Thursday 18.20 - - 18.20
27-Apr Friday 3.00 - - 3.00
28-Apr Saturday - - - -
29-Apr Sunday - - 15.40 15.40
30-Apr Monday 26.80 - - 26.80
1-May Tuesday - - - -
225.10 - 65.80 290.90
LA County Dial-A-Ride
Revenue Miles
April 2018
Totals
Date Day
Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Rev/Dead 1-Apr Sunday 0.00 0.00 - - - - 245.30 41.00 286.30 245.30 41.00 286.30 2-Apr Monday 595.60 86.80 682.40 - - - - - - 595.60 86.80 682.40 3-Apr Tuesday 763.30 120.90 884.20 - - - - - - 763.30 120.90 884.20 4-Apr Wednesday 703.90 116.90 820.80 - - - - - - 703.90 116.90 820.80 5-Apr Thursday 760.10 101.10 861.20 - - - - - - 760.10 101.10 861.20 6-Apr Friday 672.20 99.50 771.70 - - - - - - 672.20 99.50 771.70 7-Apr Saturday 0.00 0.00 - 353.80 38.40 392.20 - - - 353.80 38.40 392.20 8-Apr Sunday 0.00 0.00 - - - - 287.00 50.00 337.00 287.00 50.00 337.00 9-Apr Monday 633.50 82.20 715.70 - - - - - - 633.50 82.20 715.70 10-Apr Tuesday 697.50 119.10 816.60 - - - - - - 697.50 119.10 816.60 11-Apr Wednesday 857.70 96.00 953.70 - - - - - - 857.70 96.00 953.70 12-Apr Thursday 595.40 110.40 705.80 - - - - - - 595.40 110.40 705.80 13-Apr Friday 612.40 89.60 702.00 - - - - - - 612.40 89.60 702.00 14-Apr Saturday 0.00 0.00 - 310.30 40.70 351.00 - - - 310.30 40.70 351.00 15-Apr Sunday 0.00 0.00 - - - - 351.60 52.90 404.50 351.60 52.90 404.50 16-Apr Monday 635.70 81.70 717.40 - - - - - - 635.70 81.70 717.40 17-Apr Tuesday 665.90 109.10 775.00 - - - - - - 665.90 109.10 775.00 18-Apr Wednesday 767.40 98.10 865.50 - - - - - - 767.40 98.10 865.50 19-Apr Thursday 683.20 109.50 792.70 - - - - - - 683.20 109.50 792.70 20-Apr Friday 688.60 81.20 769.80 - - - - - - 688.60 81.20 769.80 21-Apr Saturday 0.00 0.00 - 239.40 37.70 277.10 - - - 239.40 37.70 277.10 22-Apr Sunday 0.00 0.00 - - - - 344.50 57.20 401.70 344.50 57.20 401.70 23-Apr Monday 614.00 87.50 701.50 - - - - - - 614.00 87.50 701.50 24-Apr Tuesday 774.10 110.20 884.30 - - - - - - 774.10 110.20 884.30 25-Apr Wednesday 742.10 105.20 847.30 - - - - - - 742.10 105.20 847.30 26-Apr Thursday 607.37 100.00 707.37 - - - - - - 607.37 100.00 707.37 27-Apr Friday 624.70 95.50 720.20 - - - - - - 624.70 95.50 720.20 28-Apr Saturday 0.00 0.00 - 298.70 47.70 346.40 - - - 298.70 47.70 346.40 29-Apr Sunday 0.00 0.00 - - - - 291.40 48.00 339.40 291.40 48.00 339.40 30-Apr Monday 660.00 78.20 738.20 - - - - - - 660.00 78.20 738.20 1-May Tuesday 0.00 0.00 - - - - - - - - - -
Totals 14354.67 2078.70 16,433.37 1,202.20 164.50 1,366.70 1,519.80 249.10 1,768.90 17,076.67 2,492.30 19,568.97 M-F Miles Saturday Miles Sunday Miles
Pasadena Dial-A-Ride
Revenue Miles
April 2018
Total Miles
Date Day
M-F Revenue Saturday Revenue Sunday Revenue Total
Miles Miles Miles Miles
1-Apr Sunday - - - -
2-Apr Monday 6.10 - - 6.10
3-Apr Tuesday 18.20 - - 18.20
4-Apr Wednesday 12.20 - - 12.20
5-Apr Thursday 8.10 - - 8.10
6-Apr Friday 7.00 - - 7.00
7-Apr Saturday - - - -
8-Apr Sunday - - - -
9-Apr Monday 4.00 - - 4.00
10-Apr Tuesday 10.30 - - 10.30
11-Apr Wednesday 6.60 - - 6.60
12-Apr Thursday - - - -
13-Apr Friday 26.20 - - 26.20
14-Apr Saturday - - - -
15-Apr Sunday - - - -
16-Apr Monday 8.30 - - 8.30
17-Apr Tuesday 11.00 - - 11.00
18-Apr Wednesday 14.00 - - 14.00
19-Apr Thursday 9.00 - - 9.00
20-Apr Friday 5.80 - - 5.80
21-Apr Saturday - - - -
22-Apr Sunday - - - -
23-Apr Monday - - - -
24-Apr Tuesday 12.50 - - 12.50
25-Apr Wednesday 8.90 - - 8.90
26-Apr Thursday 5.00 - - 5.00
27-Apr Friday 13.80 - - 13.80
28-Apr Saturday - - - -
29-Apr Sunday - - - -
30-Apr Monday 3.00 - - 3.00
1-May Tuesday - - - -
Totals 190.00 - - 190.00
Date Day
San Marino Dial-A-Ride
Revenue Miles
April 2018
M-F Revenue Saturday Revenue Sunday Revenue Total
Miles Miles Miles Miles
1-Apr Sunday - - 70.50 70.50
2-Apr Monday 102.00 - - 102.00
3-Apr Tuesday 134.90 - - 134.90
4-Apr Wednesday 192.60 - - 192.60
5-Apr Thursday 91.50 - - 91.50
6-Apr Friday 80.30 - - 80.30
7-Apr Saturday - 56.70 - 56.70
8-Apr Sunday - - 47.40 47.40
9-Apr Monday 99.50 - - 99.50
10-Apr Tuesday 187.10 - - 187.10
11-Apr Wednesday 185.00 - - 185.00
12-Apr Thursday 83.30 - - 83.30
13-Apr Friday 99.90 - - 99.90
14-Apr Saturday - 31.80 - 31.80
15-Apr Sunday - - 38.20 38.20
16-Apr Monday 90.50 - - 90.50
17-Apr Tuesday 217.30 - - 217.30
18-Apr Wednesday 177.60 - - 177.60
19-Apr Thursday 101.70 - - 101.70
20-Apr Friday 126.30 - - 126.30
21-Apr Saturday - 34.60 - 34.60
22-Apr Sunday - - 61.50 61.50
23-Apr Monday 104.00 - - 104.00
24-Apr Tuesday 122.40 - - 122.40
25-Apr Wednesday 130.70 - - 130.70
26-Apr Thursday 110.03 - - 110.03
27-Apr Friday 139.90 - - 139.90
28-Apr Saturday - 46.90 - 46.90
29-Apr Sunday - - 62.70 62.70
30-Apr Monday 112.40 - - 112.40
1-May Tuesday - - - -
Totals 2,688.93 170.00 280.30 3,139.23
Date Day
Altadena Dial-A-Ride
Revenue Miles
April 2018
Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 29.93 3.37 33.30 29.93 3.37 33.30 2-Apr Monday 70.82 5.93 76.75 - - - - - - 70.82 5.93 76.75 3-Apr Tuesday 82.61 6.27 88.88 - - - - - - 82.61 6.27 88.88 4-Apr Wednesday 84.83 7.68 92.51 - - - - - - 84.83 7.68 92.51 5-Apr Thursday 83.72 8.32 92.04 - - - - - - 83.72 8.32 92.04 6-Apr Friday 70.35 6.58 76.93 - - - - - - 70.35 6.58 76.93 7-Apr Saturday - - - 33.95 2.86 36.81 - - - 33.95 2.86 36.81 8-Apr Sunday - - - - - - 31.20 2.97 34.17 31.20 2.97 34.17 9-Apr Monday 72.59 5.76 78.35 - - - - - - 72.59 5.76 78.35 10-Apr Tuesday 81.95 8.22 90.17 - - - - - - 81.95 8.22 90.17 11-Apr Wednesday 87.87 6.68 94.55 - - - - - - 87.87 6.68 94.55 12-Apr Thursday 81.47 8.46 89.93 - - - - - - 81.47 8.46 89.93 13-Apr Friday 72.45 5.30 77.75 - - - - - - 72.45 5.30 77.75 14-Apr Saturday - - - 30.14 2.89 33.03 - - - 30.14 2.89 33.03 15-Apr Sunday - - - - - - 32.24 3.18 35.42 32.24 3.18 35.42 16-Apr Monday 70.37 6.09 76.46 - - - - - - 70.37 6.09 76.46 17-Apr Tuesday 85.28 8.05 93.33 - - - - - - 85.28 8.05 93.33 18-Apr Wednesday 84.96 7.14 92.10 - - - - - - 84.96 7.14 92.10 19-Apr Thursday 83.29 7.45 90.74 - - - - - - 83.29 7.45 90.74 20-Apr Friday 72.87 6.38 79.25 - - - - - - 72.87 6.38 79.25 21-Apr Saturday - - - 28.89 3.09 31.98 - - - 28.89 3.09 31.98 22-Apr Sunday - - - - - - 33.31 3.47 36.78 33.31 3.47 36.78 23-Apr Monday 70.41 6.91 77.32 - - - - - - 70.41 6.91 77.32 24-Apr Tuesday 84.71 7.70 92.41 - - - - - - 84.71 7.70 92.41 25-Apr Wednesday 84.56 8.02 92.58 - - - - - - 84.56 8.02 92.58 26-Apr Thursday 83.79 7.47 91.26 - - - - - - 83.79 7.47 91.26 27-Apr Friday 70.24 7.19 77.43 - - - - - - 70.24 7.19 77.43 28-Apr Saturday - - - 30.64 3.31 33.95 - - - 30.64 3.31 33.95 29-Apr Sunday - - - - - - 29.90 3.79 33.69 29.90 3.79 33.69 30-Apr Monday 71.44 6.07 77.51 - - - - - - 71.44 6.07 77.51 1-May Tuesday - - - - - - - - - - - -
1,650.58 147.67 1,798.25 123.62 12.15 135.77 156.58 16.78 173.36 1,930.78 176.60 2,107.38 Altadena / LA County / San Marino / Pasadena Dial-A-Ride Total Revenue / Dead Hours
April 2018
Totals
Totals
Date Day
M-F Hours Saturday Hours Sunday Hours
M-F Revenue Saturday Revenue Sunday Revenue Total Revenue Hours Hours Hours Hours
1-Apr Sunday - - 5.62 5.62
2-Apr Monday 8.00 - - 8.00
3-Apr Tuesday 8.96 - - 8.96
4-Apr Wednesday 11.74 - - 11.74
5-Apr Thursday 7.00 - - 7.00
6-Apr Friday 6.64 - - 6.64
7-Apr Saturday - 3.81 - 3.81
8-Apr Sunday - - 2.59 2.59
9-Apr Monday 7.89 - - 7.89
10-Apr Tuesday 14.87 - - 14.87
11-Apr Wednesday 11.62 - - 11.62
12-Apr Thursday 6.53 - - 6.53
13-Apr Friday 8.32 - - 8.32
14-Apr Saturday - 3.44 - 3.44
15-Apr Sunday - - 2.82 2.82
16-Apr Monday 7.29 - - 7.29
17-Apr Tuesday 15.05 - - 15.05
18-Apr Wednesday 11.91 - - 11.91
19-Apr Thursday 6.70 - - 6.70
20-Apr Friday 7.93 - - 7.93
21-Apr Saturday - 2.16 - 2.16
22-Apr Sunday - - 4.32 4.32
23-Apr Monday 7.52 - - 7.52
24-Apr Tuesday 8.77 - - 8.77
25-Apr Wednesday 8.32 - - 8.32
26-Apr Thursday 7.89 - - 7.89
27-Apr Friday 9.41 - - 9.41
28-Apr Saturday - 2.96 - 2.96
29-Apr Sunday - - 4.76 4.76
30-Apr Monday 6.09 - - 6.09
1-May Tuesday - - - -
Totals 188.45 12.37 20.11 220.93
Date Day
Altadena Dial-A-Ride
Revenue Hours
April 2018
Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 24.31 3.37 27.68 24.31 3.37 27.68 2-Apr Monday 62.82 5.93 68.75 - - - - - - 62.82 5.93 68.75 3-Apr Tuesday 73.65 6.27 79.92 - - - - - - 73.65 6.27 79.92 4-Apr Wednesday 73.09 7.68 80.77 - - - - - - 73.09 7.68 80.77 5-Apr Thursday 76.72 8.32 85.04 - - - - - - 76.72 8.32 85.04 6-Apr Friday 63.71 6.58 70.29 - - - - - - 63.71 6.58 70.29 7-Apr Saturday - - - 30.14 2.86 33.00 - - - 30.14 2.86 33.00 8-Apr Sunday - - - - - - 28.61 2.97 31.58 28.61 2.97 31.58 9-Apr Monday 64.70 5.76 70.46 - - - - - - 64.70 5.76 70.46 10-Apr Tuesday 67.08 8.22 75.30 - - - - - - 67.08 8.22 75.30 11-Apr Wednesday 76.25 6.68 82.93 - - - - - - 76.25 6.68 82.93 12-Apr Thursday 74.94 8.46 83.40 - - - - - - 74.94 8.46 83.40 13-Apr Friday 64.13 5.30 69.43 - - - - - - 64.13 5.30 69.43 14-Apr Saturday - - - 26.70 2.89 29.59 - - - 26.70 2.89 29.59 15-Apr Sunday - - - - - - 29.42 3.18 32.60 29.42 3.18 32.60 16-Apr Monday 63.08 6.09 69.17 - - - - - - 63.08 6.09 69.17 17-Apr Tuesday 70.23 8.05 78.28 - - - - - - 70.23 8.05 78.28 18-Apr Wednesday 73.05 7.14 80.19 - - - - - - 73.05 7.14 80.19 19-Apr Thursday 76.59 7.45 84.04 - - - - - - 76.59 7.45 84.04 20-Apr Friday 64.94 6.38 71.32 - - - - - - 64.94 6.38 71.32 21-Apr Saturday - - - 26.73 3.09 29.82 - - - 26.73 3.09 29.82 22-Apr Sunday - - - - - - 28.99 3.47 32.46 28.99 3.47 32.46 23-Apr Monday 62.89 6.91 69.80 - - - - - - 62.89 6.91 69.80 24-Apr Tuesday 75.94 7.70 83.64 - - - - - - 75.94 7.70 83.64 25-Apr Wednesday 76.24 8.02 84.26 - - - - - - 76.24 8.02 84.26 26-Apr Thursday 75.90 7.47 83.37 - - - - - - 75.90 7.47 83.37 27-Apr Friday 60.83 7.19 68.02 - - - - - - 60.83 7.19 68.02 28-Apr Saturday - - - 27.68 3.31 30.99 - - - 27.68 3.31 30.99 29-Apr Sunday - - - - - - 25.14 3.79 28.93 25.14 3.79 28.93 30-Apr Monday 65.35 6.07 71.42 - - - - - - 65.35 6.07 71.42 1-May Tuesday - - - - - - - - - - - -
1,462.13 147.67 1,609.80 111.25 12.15 123.40 136.47 16.78 153.25 1,709.85 176.60 1,886.45 Pasadena Dial-A-Ride
Revenue / Dead Hours
April 2018
Totals
Totals
Date Day
M-F Hours Saturday Hours Sunday Hours
M-F Saturday Sunday Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 84 6 90 6 96
2-Apr Monday 267 - - 8 275 6 281
3-Apr Tuesday 306 - - 8 314 16 330
4-Apr Wednesday 309 - - 6 315 11 326
5-Apr Thursday 267 - - 15 282 18 300
6-Apr Friday 255 - - 4 259 5 264
7-Apr Saturday - 77 - 6 83 4 87
8-Apr Sunday - - 82 2 84 7 91
9-Apr Monday 276 - - 9 285 8 293
10-Apr Tuesday 341 - - 15 356 22 378
11-Apr Wednesday 322 - - 4 326 11 337
12-Apr Thursday 266 - - 7 273 11 284
13-Apr Friday 279 - - 4 283 10 293
14-Apr Saturday - 63 - 6 69 3 72
15-Apr Sunday - - 93 2 95 9 104
16-Apr Monday 261 - - 4 265 8 273
17-Apr Tuesday 336 - - 13 349 16 365
18-Apr Wednesday 327 - - 6 333 12 345
19-Apr Thursday 288 - - 7 295 13 308
20-Apr Friday 333 - - 9 342 15 357
21-Apr Saturday - 70 - 5 75 8 83
22-Apr Sunday - - 93 7 100 10 110
23-Apr Monday 269 - - 7 276 14 290
24-Apr Tuesday 339 - - 15 354 18 372
25-Apr Wednesday 243 - - 6 249 12 261
26-Apr Thursday 279 - - 9 288 16 304
27-Apr Friday 313 - - 4 317 11 328
28-Apr Saturday - 88 - 6 94 18 112
29-Apr Sunday - - 95 2 97 12 109
30-Apr Monday 292 - - 10 302 6 308
1-May Tuesday - - - - - - -
Totals 6,168 298 447 212 7,125 336 7,461
Altadena / LA County / Pasadena / San Marino Dial-A-Ride Total Daily Ridership
April 2018
M-F Sat Sun Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - - - - - -
2-Apr Monday 2 - - - 2 - 2
3-Apr Tuesday 6 - - - 6 - 6
4-Apr Wednesday 5 - - - 5 - 5
5-Apr Thursday 3 - - - 3 - 3
6-Apr Friday 2 - - - 2 - 2
7-Apr Saturday - - - - - - -
8-Apr Sunday - - - - - - -
9-Apr Monday 1 - - - 1 - 1
10-Apr Tuesday 4 - - - 4 - 4
11-Apr Wednesday 2 - - - 2 - 2
12-Apr Thursday - - - - - - -
13-Apr Friday 6 - - - 6 - 6
14-Apr Saturday - - - - - - -
15-Apr Sunday - - - - - - -
16-Apr Monday 3 - - - 3 - 3
17-Apr Tuesday 4 - - - 4 - 4
18-Apr Wednesday 4 - - - 4 - 4
19-Apr Thursday 3 - - - 3 - 3
20-Apr Friday 4 - - - 4 - 4
21-Apr Saturday - - - - - - -
22-Apr Sunday - - - - - - -
23-Apr Monday - - - - - - -
24-Apr Tuesday 4 - - - 4 - 4
25-Apr Wednesday 3 - - - 3 - 3
26-Apr Thursday 2 - - - 2 - 2
27-Apr Friday 4 - - - 4 - 4
28-Apr Saturday - - - - - - -
29-Apr Sunday - - - - - - -
30-Apr Monday 1 - - - 1 - 1
1-May Tuesday - - - - - - -
Totals 63 - - - 63 - 63
San Marino
Total Daily Ridership
April 2018
M-F Saturday Sunday Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 20 1 21 1 22
2-Apr Monday 31 - - - 31 - 31
3-Apr Tuesday 34 - - 2 36 5 41
4-Apr Wednesday 44 - - - 44 - 44
5-Apr Thursday 26 - - 4 30 3 33
6-Apr Friday 28 - - - 28 - 28
7-Apr Saturday - 11 - - 11 - 11
8-Apr Sunday - - 17 - 17 2 19
9-Apr Monday 32 - - - 32 - 32
10-Apr Tuesday 48 - - 1 49 3 52
11-Apr Wednesday 45 - - - 45 - 45
12-Apr Thursday 26 - - - 26 - 26
13-Apr Friday 31 - - - 31 2 33
14-Apr Saturday - 9 - - 9 - 9
15-Apr Sunday - - 17 - 17 2 19
16-Apr Monday 30 - - - 30 - 30
17-Apr Tuesday 54 - - 3 57 6 63
18-Apr Wednesday 45 - - - 45 - 45
19-Apr Thursday 31 - - 1 32 - 32
20-Apr Friday 36 - - - 36 - 36
21-Apr Saturday - 11 - - 11 - 11
22-Apr Sunday - - 22 - 22 2 24
23-Apr Monday 31 - - - 31 1 32
24-Apr Tuesday 38 - - 1 39 3 42
25-Apr Wednesday 33 - - - 33 1 34
26-Apr Thursday 33 - - 1 34 - 34
27-Apr Friday 36 - - - 36 1 37
28-Apr Saturday - 13 - - 13 1 14
29-Apr Sunday - - 25 - 25 4 29
30-Apr Monday 33 - - - 33 - 33
1-May Tuesday - - - - - - -
Totals 745 44 101 14 904 37 941
Altadena Dial-A-Ride
Total Daily Ridership
April 2018
M-F Sat Sun Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 62 5 67 5 72
2-Apr Monday 234 - - 8 242 6 248
3-Apr Tuesday 264 - - 4 268 11 279
4-Apr Wednesday 256 - - 4 260 11 271
5-Apr Thursday 238 - - 11 249 15 264
6-Apr Friday 224 - - 4 228 5 233
7-Apr Saturday - 66 - 6 72 4 76
8-Apr Sunday - - 65 2 67 5 72
9-Apr Monday 239 - - 9 248 8 256
10-Apr Tuesday 288 - - 14 302 19 321
11-Apr Wednesday 275 - - 4 279 11 290
12-Apr Thursday 239 - - 7 246 11 257
13-Apr Friday 241 - - 4 245 8 253
14-Apr Saturday - 54 - 6 60 3 63
15-Apr Sunday - - 74 2 76 7 83
16-Apr Monday 226 - - 4 230 8 238
17-Apr Tuesday 278 - - 10 288 10 298
18-Apr Wednesday 274 - - 6 280 12 292
19-Apr Thursday 246 - - 6 252 13 265
20-Apr Friday 289 - - 9 298 15 313
21-Apr Saturday - 59 - 5 64 8 72
22-Apr Sunday - - 69 7 76 8 84
23-Apr Monday 232 - - 7 239 13 252
24-Apr Tuesday 297 - - 14 311 15 326
25-Apr Wednesday 205 - - 6 211 11 222
26-Apr Thursday 240 - - 8 248 16 264
27-Apr Friday 272 - - 4 276 10 286
28-Apr Saturday - 75 - 6 81 17 98
29-Apr Sunday - - 68 2 70 8 78
30-Apr Monday 252 - - 10 262 6 268
1-May Tuesday - - - - - - -
Totals 5,309 254 338 194 6,095 299 6,394
Pasadena Dial-A-Ride
Total Daily Ridership
April 2018
M-F Saturday Sunday Total Total Total Total
Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 2 - 2 - 2
2-Apr Monday - - - - - - -
3-Apr Tuesday 2 - - 2 4 - 4
4-Apr Wednesday 4 - - 2 6 - 6
5-Apr Thursday - - - - - - -
6-Apr Friday 1 - - - 1 - 1
7-Apr Saturday - - - - - - -
8-Apr Sunday - - - - - - -
9-Apr Monday 4 - - - 4 - 4
10-Apr Tuesday 1 - - - 1 - 1
11-Apr Wednesday - - - - - - -
12-Apr Thursday 1 - - - 1 - 1
13-Apr Friday 1 - - - 1 - 1
14-Apr Saturday - - - - - - -
15-Apr Sunday - - 2 - 2 - 2
16-Apr Monday 2 - - - 2 - 2
17-Apr Tuesday - - - - - - -
18-Apr Wednesday 4 - - - 4 - 4
19-Apr Thursday 8 - - - 8 - 8
20-Apr Friday 4 - - - 4 - 4
21-Apr Saturday - - - - - - -
22-Apr Sunday - - 2 - 2 - 2
23-Apr Monday 6 - - - 6 - 6
24-Apr Tuesday - - - - - - -
25-Apr Wednesday 2 - - - 2 - 2
26-Apr Thursday 4 - - - 4 - 4
27-Apr Friday 1 - - - 1 - 1
28-Apr Saturday - - - - - - -
29-Apr Sunday - - 2 - 2 - 2
30-Apr Monday 6 - - - 6 - 6
1-May Tuesday - - - - - - -
Totals 51 - 8 4 63 - 63
Total Daily Ridership
April 2018
LA County
Route 88
DEPOSIT DATE: TOTAL DEPOSIT TOTAL
4/16/2018 $394.60 $394.60
4/23/2018 $116.41 $116.41
4/30/2018 $260.50 $260.50

TOTAL TRANSIT TOTAL DAR TOTAL
$771.51 $0.00 $771.51
PASADENA ROUTE 88 TRANSIT TO TRAIL

FARE BOX COLLECTION
April 2018
Apr-18
4/16/2018
> > > > > $ 394.60
> > > > > $ -

DEPOSIT DATE
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(ROUTE 88)
TOTAL DEPOSIT:

Apr-18
4/23/2018
> > > > > $ 116.41
> > > > > $ -

DEPOSIT DATE
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(ROUTE 88)
TOTAL DEPOSIT:

Apr-18
4/30/2018
> > > > > $ 260.50
> > > > > $ -

DEPOSIT DATE
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(ROUTE 88)
TOTAL DEPOSIT:

Fixed Route Dial A Ride
DEPOSIT DATE: TOTAL DEPOSIT TOTAL DEPOSIT TOTAL
4/2/2018 $6,800.59 $376.95 $7,177.54
4/5/2018 $6,878.63 $1,301.07 $8,179.70
4/10/2018 $5,334.52 $1,060.00 $6,394.52
4/13/2018 $4,091.21 $155.74 $4,246.95
4/16/2018 $2,391.18 $151.28 $2,542.46
4/23/2018 $11,982.81 $1,576.96 $13,559.77
4/25/2018 $5,359.89 $159.79 $5,519.68
4/30/2018 $7,094.73 $304.15 $7,398.88

TOTAL TRANSIT TOTAL DAR TOTAL
$49,933.56 $5,085.94 $55,019.50

PASADENA TRANSIT & DIAL-A-RIDE

FARE BOX COLLECTION
April 2018
Apr-18
4/2/2018
> > > > > $ 6,800.59
> > > > > $ 376.95

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/5/2018
> > > > > $ 6,878.63
> > > > > $ 1,301.07

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/10/2018
> > > > > $ 5,334.52
> > > > > $ 1,060.00

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/13/2018
> > > > > $ 4,091.21
> > > > > $ 155.74

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/16/2018
> > > > > $ 2,391.18
> > > > > $ 151.28

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/23/2018
> > > > > $ 11,982.81
> > > > > $ 1,576.96

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/25/2018
> > > > > $ 5,359.89
> > > > > $ 159.79

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Apr-18
4/30/2018

> > > > > $ 7,094.73
> > > > > $ 304.15

DEPOSIT DATE
(DIAL-A-RIDE)
TOTAL DEPOSIT:

DAILY DEPOSIT RECORD FOR FIRST TRANSIT
PASADENA 57231
(626) 398-9329
(TRANSIT)
TOTAL DEPOSIT:

Time Time Elapsed Decimal Number Road
Driver Route / Vehicle Vehicle Down Down Missed Call Safety & Date Name Manifest Bus # Location & Direction Down Up Time Time Reported Problem / Solution Trips (Yes/No) Accident Security 4/2/2018 O Marquez 20-3c 3298 NB Fair Oaks/Woodbury 2:45 PM 3:32 PM 0:47 0.78 Human waste on bus. Switched buses, went to timepoint. 2 4/7/2018 M Prieto 88 3375 NB Sam Merril Trail 4:22 PM 5:22 PM 1:00 1.00 Ended Rt early. Did a sweep of the area. 2 4/13/2018 R Vazquez 20-1 c 3297 NB Raymond/Green 6:14 PM 7:12 PM 0:58 0.97 Customer fell off bus. Paramedics called. Rd supervisor finished route. 2 x
4/14/2018 H Marshall 20-1 c 3219 NB Marengo/Villa 7:09 PM 7:40 PM 0:31 0.52 Customer bled on bus. Switched buses. 1 4/16/2018 J Nguyen 20-3 c 3219 SB lake/Rio Grande 6:29 AM 6:52 AM 0:23 0.38 Stalling, no start.Switched buses. 1 x 4/17/2018 A Rodriguez 20-2 c 3217 NB Fair Oaks/Woodbury 7:35 AM 8:32 AM 0:57 0.95 Check engine light and buzzer on. Switched buses, went
to time point 2 x
4/17/2018 A Rodriguez 20-1 c 3298 NB Del Mar Station 12:23 PM 13:35 PM 1:12 1.20 Check engine light and stop engine light on. Switched
buses, went to time point 2 x
4/19/2018 M Corral 20-1 cc 3295 WB Woodbury/Raymond 3:01 PM 3:44 PM 0:43 0.72 Bus is stalling. Switched buses, went to time point. 1 x 4/24/2018 L McAdoo 905 3360 WB Villa/lake 1:55 PM 1:55 PM 0:00 0.00 Bus rear ended vehicle. Vehicle left scene. We went back in service. 0 x
4/28/2018 G Vasquez 906 3363 Lincoln/Montana 12:45 PM 12:45 PM 0:00 0.00 Truck hit rear of bus. Kept in service. 0 x 0:00
0:00
0:00
0:00
0:00
0:00
0:00
0:00
0:00
0:00 0
0:00
0:00
0:00
0:00
0:00
13 6:31 6.52

6.52 11 0 0 0
4 Total Dial-A-Ride Road Calls: 0
1 Total Dial-A-Ride Accidents: 2
(Check "X" all that apply)
Total Pasadena Transit Road Calls
Total Pasadena Transit Missed Trips
Total Pasadena Transit Lost Revenue Time
FIRST TRANSIT, INC.

PASADENA TRANSIT & DIAL-A-RIDE

MONTHLY SERVICE REPORT
April 2018
Total Pasadena Transit Accidents
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
10-1 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.25 5.00 8.30 13.62 8.30 291.27 2893.80 16.00 105.00 5.25 2788.80 286.02 SATURDAY 4 DAYS 0.25 5.00 8.30 9.22 8.30 37.88 369.60 10.53 20.00 1.00 349.60 36.88 MISSED SERVICE 0.00 0.00 0.00 0.00
329.15 3263.40 125.00 6.25 3138.40 322.90
10-2 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.40 8.30 13.00 8.30 281.40 2736.70 14.93 134.40 8.40 2602.30 273.00 SATURDAY 4 DAYS 0.40 6.40 8.30 8.82 8.30 36.88 355.28 9.93 25.60 1.60 329.68 35.28 MISSED SERVICE 0.00 0.00 0.00 0.00
318.28 3091.98 160.00 10.00 2931.98 308.28
10-3 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.40 8.30 14.05 8.30 303.45 2992.92 16.40 134.40 8.40 2858.52 295.05 SATURDAY 4 DAYS 0.40 6.40 8.19 9.22 8.19 38.48 370.89 10.54 25.60 1.60 345.29 36.88 MISSED SERVICE 0.00 0.00 0.00 0.00
341.93 3363.81 160.00 10.00 3203.81 331.93
TOTAL 876.12 8623.42 373.80 22.05 8249.62 854.07

0.00 0.00 0.00 0.00
TOTAL 113.24 1095.77 71.20 4.20 1024.57 109.04
TOTAL 989.36 9719.19 445.00 26.25 9274.19 963.11
MONDAY through FRIDAY

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1C 4 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.32 9.90 0.00 0.00 13.81 0.00 0.00 0.00 0.00 SATURDAY 4 DAYS 0.42 6.50 9.90 8.72 9.90 36.56 369.33 8.67 26.00 1.68 343.33 34.88 MISSED SERVICE (2.69) (26.63) (26.63) (2.69)

33.87 342.70 26.00 1.68 316.70 32.19
20-1C (JARC) 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.42 6.50 9.90 14.25 9.90 308.07 2899.49 13.29 136.50 8.82 2762.99 299.25 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00
308.07 2899.49 136.50 8.82 2762.99 299.25
20-2C 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.38 5.90 9.90 13.90 9.90 299.88 2826.60 13.00 123.90 7.98 2702.70 291.90 SATURDAY 4 DAYS 0.38 5.90 9.90 8.98 9.90 37.44 380.00 9.00 23.60 1.52 356.40 35.92 MISSED SERVICE (0.95) (9.41) (9.41) (0.95)
336.37 3197.19 147.50 9.50 3049.69 326.87
20-3C 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.38 5.90 9.90 14.30 9.90 308.28 2930.55 13.50 123.90 7.98 2806.65 300.30 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE (1.16) (11.48) (11.48) (1.16)
307.12 2919.07 123.90 7.98 2795.17 299.14
TOTAL 308.07 2899.49 136.50 8.82 2762.99 299.25

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 308.07 2899.49 136.50 8.82 2762.99 299.25
TOTAL 608.16 5757.15 247.80 15.96 5509.35 592.20
(4.80) (47.52) (47.52) (4.80)
TOTAL 74.00 749.33 49.60 3.20 699.73 70.80
TOTAL 677.36 6458.96 297.40 19.16 6161.56 658.20
MONDAY through FRIDAY
MONDAY through FRIDAY

SATURDAY
JARC

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1CC 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.38 5.90 9.80 14.13 9.80 304.71 2799.30 13.00 123.90 7.98 2675.40 296.73 SATURDAY 4 DAYS 0.38 5.90 9.80 8.60 9.80 35.92 323.87 7.66 23.60 1.52 300.27 34.40 MISSED SERVICE (0.72) (7.06) (7.06) (0.72)
339.91 3116.11 147.50 9.50 2968.61 330.41
20-2CC 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.42 6.50 9.80 13.53 9.80 293.01 2606.10 12.00 136.50 8.82 2469.60 284.19 SATURDAY 4 DAYS 0.42 6.50 9.80 9.18 9.80 38.40 378.80 9.00 26.00 1.68 352.80 36.72 MISSED SERVICE 0.00 0.00 0.00 0.00
331.41 2984.90 162.50 10.50 2822.40 320.91
20-3CC 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.30 9.80 6.85 9.80 152.25 1367.10 6.00 132.30 8.40 1234.80 143.85 MISSED SERVICE 0.00 0.00 0.00 0.00
152.25 1367.10 132.30 8.40 1234.80 143.85
TOTAL 749.97 6772.50 392.70 25.20 6379.80 724.77
(0.72) (7.06) (7.06) (0.72)
TOTAL 74.32 702.67 49.60 3.20 653.07 71.12
TOTAL 823.57 7468.11 442.30 28.40 7025.81 795.17
20-3CC (JARC) 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.40 6.30 9.80 7.30 9.80 161.70 1572.90 7.00 132.30 8.40 1440.60 153.30

SATURDAY
MISSED SERVICE 0.00 0.00 0.00 0.00
161.70 1572.90 132.30 8.40 1440.60 153.30
TOTAL 161.70 1572.90 132.30 8.40 1440.60 153.30
MONDAY through FRIDAY

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
31 25 OPERATING DAYS
EASTBOUND 21 DAYS 0.36 6.10 6.60 10.87 6.60 235.83 3038.70 21.00 128.10 7.56 2910.60 228.27 WESTBOUND 21 DAYS 0.36 6.10 7.00 10.00 7.00 217.56 2656.50 17.20 128.10 7.56 2528.40 210.00 SATURDAY 4 DAYS 0.36 6.10 13.30 9.68 13.30 40.16 528.20 9.47 24.40 1.44 503.80 38.72 MISSED SERVICE 0.00 0.00 0.00 0.00
493.55 6223.40 280.60 16.56 5942.80 476.99
TOTAL 493.55 6223.40 280.60 16.56 5942.80 476.99
31 (JARC) 21 OPERATING DAYS
EASTBOUND 21 DAYS 0.36 6.10 6.60 2.83 6.60 66.99 682.50 4.00 128.10 7.56 554.40 59.43 WESTBOUND 21 DAYS 0.36 6.10 7.00 2.00 7.00 49.56 696.99 3.87 128.10 7.56 568.89 42.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00
116.55 1379.49 256.20 15.12 1123.29 101.43
TOTAL 116.55 1379.49 256.20 15.12 1123.29 101.43
32 25 OPERATING DAYS
EASTBOUND 21 DAYS 0.35 6.00 5.70 7.92 5.70 173.67 2101.05 16.50 126.00 7.35 1975.05 166.32 WESTBOUND 21 DAYS 0.35 6.00 6.42 6.00 6.42 133.35 2078.19 14.48 126.00 7.35 1952.19 126.00 SATURDAY 4 DAYS 0.35 6.00 13.90 9.20 13.90 38.20 524.40 9.00 24.00 1.40 500.40 36.80 MISSED SERVICE 0.00 0.00 0.00 0.00
345.22 4703.64 276.00 16.10 4427.64 329.12
TOTAL 345.22 4703.64 276.00 16.10 4427.64 329.12
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
40-1 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.25 4.60 12.30 13.83 12.30 295.68 3330.52 12.52 96.60 5.25 3233.92 290.43 SATURDAY 4 DAYS 0.25 4.60 12.30 8.75 12.30 36.00 435.12 8.47 18.40 1.00 416.72 35.00 MISSED SERVICE 0.00 0.00 0.00 0.00
331.68 3765.64 115.00 6.25 3650.64 325.43
40-2 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.26 4.80 12.30 13.37 12.30 286.23 3200.40 12.00 100.80 5.46 3099.60 280.77 SATURDAY 4 DAYS 0.26 4.80 12.30 8.80 12.30 36.24 438.88 8.53 19.20 1.04 419.68 35.20 MISSED SERVICE 0.00 0.00 0.00 0.00
322.47 3639.28 120.00 6.50 3519.28 315.97
40-3 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.23 4.40 12.30 5.01 12.30 110.04 1247.00 4.47 92.40 4.83 1154.60 105.21 MISSED SERVICE 0.00 0.00 0.00 0.00
110.04 1247.00 92.40 4.83 1154.60 105.21
TOTAL 691.95 7777.92 289.80 15.54 7488.12 676.41

0.00 0.00
TOTAL 72.24 874.00 37.60 2.04 836.40 70.20
TOTAL 764.19 8651.92 327.40 17.58 8324.52 746.61
MONDAY through FRIDAY

SATURDAY
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
51 25 OPERATING DAYS
WEEKDAYS 21 DAYS 0.21 5.00 13.30 13.85 13.30 295.26 4001.24 13.95 105.00 4.41 3896.24 290.85 SATURDAY 4 DAYS 0.21 5.00 4.30 12.63 4.30 51.36 570.40 32.00 20.00 0.84 550.40 50.52 MISSED SERVICE 0.00 0.00 0.00 0.00
346.62 4571.64 125.00 5.25 4446.64 341.37
TOTAL 346.62 4571.64 125.00 5.25 4446.64 341.37
52 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.23 5.10 17.50 4.80 17.50 105.63 1389.68 3.49 107.10 4.83 1282.58 100.80 MISSED SERVICE 0.00 0.00 0.00 0.00
105.63 1389.68 107.10 4.83 1282.58 100.80
TOTAL 105.63 1389.68 107.10 4.83 1282.58 100.80
53 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.21 5.00 8.80 0.43 8.80 13.40 289.80 1.00 105.00 4.41 184.80 9.03 MISSED SERVICE 0.00 0.00 0.00 0.00

13.40 289.80 105.00 4.41 184.80 9.03
TOTAL 13.40 289.80 105.00 4.41 184.80 9.03
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
60 21 OPERATING DAYS
WEEKDAYS 21 DAYS 0.25 4.40 9.50 9.38 9.50 202.23 2486.40 12.00 92.40 5.25 2394.00 196.98 MISSED SERVICE 0.00 0.00 0.00 0.00
202.23 2486.40 92.40 5.25 2394.00 196.98
TOTAL 202.23 2486.40 92.40 5.25 2394.00 196.98
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
April 2018
Number of Days ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhea
d Miles
10 989.36 963.11 26.25 9,719.19 9,274.19 445.00
Weekdays 21 20-C 677.36 658.20 19.16 6,458.96 6,161.56 297.40 Saturdays 4 20-C (JARC) 308.07 299.25 8.82 2,899.49 2,762.99 136.50 Total Days 25 20-CC 823.57 795.17 28.40 7,468.11 7,025.81 442.30 20-CC (JARC) 161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 493.55 476.99 16.56 6,223.40 5,942.80 280.60
31 (JARC) 116.55 101.43 15.12 1,379.49 1,123.29 256.20
32 345.22 329.12 16.10 4,703.64 4,427.64 276.00
40 764.19 746.61 17.58 8,651.92 8,324.52 327.40
51 346.62 341.37 5.25 4,571.64 4,446.64 125.00
52 105.63 100.80 4.83 1,389.68 1,282.58 107.10
53 13.40 9.03 4.41 289.80 184.80 105.00
60 202.23 196.98 5.25 2,486.40 2,394.00 92.40
5,347.45 5,171.36 176.13 57,814.62 54,791.42 3,023.20
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

MONDAY - FRIDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
10 876.12 854.07 22.05 8,623.42 8,249.62 373.80
20-C 608.16 592.20 15.96 5,757.15 5,509.35 247.80
20-C (JARC) 308.07 299.25 8.82 2,899.49 2,762.99 136.50 20-CC 749.97 724.77 25.20 6,772.50 6,379.80 392.70
20-CC (JARC) 161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 453.39 438.27 15.12 5,695.20 5,439.00 256.20
31 (JARC) 116.55 101.43 15.12 1,379.49 1,123.29 256.20
32 307.02 292.32 14.70 4,179.24 3,927.24 252.00
40 691.95 676.41 15.54 7,777.92 7,488.12 289.80
51 295.26 290.85 4.41 4,001.24 3,896.24 105.00
52 105.63 100.80 4.83 1,389.68 1,282.58 107.10
53 13.40 9.03 4.37 289.80 184.80 105.00
60 202.23 196.98 5.25 2,486.40 2,394.00 92.40
Missed Service (5.52) (5.52) - (54.58) (54.58) -
4,883.93 4,724.16 159.77 52,769.85 50,023.05 2,746.80
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

SATURDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
10 113.24 109.04 4.20 1,095.77 1,024.57 71.20
20-C 74.00 70.80 3.20 749.33 699.73 49.60
20-C (JARC) - - - - - -
20-CC 74.32 71.12 3.20 702.67 653.07 49.60
20-CC (JARC) - - - - - -
31 40.16 38.72 1.44 528.20 503.80 24.40
31 (JARC) - - - - - -
32 38.20 36.80 1.40 524.40 500.40 24.00
40 72.24 70.20 2.04 874.00 836.40 37.60
51 51.36 50.52 0.84 570.40 550.40 20.00
52 - - - - - -
60 - - - - - -
463.52 447.20 16.32 5,044.77 4,768.37 276.40
Pasadena Transit Revenue Hours/Miles April 2018

PASADENA TRANSIT

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

GRAND TOTALS
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
10 989.36 963.11 26.25 9,719.19 9,274.19 445.00
20-C 682.16 663.00 19.16 6,506.48 6,209.08 297.40
20-C (JARC) 308.07 299.25 8.82 2,899.49 2,762.99 136.50 20-CC 824.29 795.89 28.40 7,475.17 7,032.87 442.30
20-CC (JARC) 161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 493.55 476.99 16.56 6,223.40 5,942.80 280.60
31 (JARC) 116.55 101.43 15.12 1,379.49 1,123.29 256.20
32 345.22 329.12 16.10 4,703.64 4,427.64 276.00
40 764.19 746.61 17.58 8,651.92 8,324.52 327.40
51 346.62 341.37 5.25 4,571.64 4,446.64 125.00
52 105.63 100.80 4.83 1,389.68 1,282.58 107.10
53 13.40 9.03 4.37 289.80 184.80 105.00
60 202.23 196.98 5.25 2,486.40 2,394.00 92.40
Missed Service (5.52) (5.52) - (54.58) (54.58) -
5,347.45 5,171.36 176.09 57,814.62 54,791.42 3,023.20
Y.T.D. 54,010.42 52,247.38 1,763.04 583,999.89 553,889.10 30,110.79 Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
Route 88 - Bus 1 8 OPERATING DAYS
SATURDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 SUNDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 MISSED SERVICE 0.00 0.00 0.00 0.00

79.76 904.00 48.00 4.00 856.00 75.76
Route 88 - Bus 2 8 OPERATING DAYS
SATURDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 SUNDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 MISSED SERVICE (1.00) (10.70) (10.70) (1.00)

78.76 893.30 48.00 4.00 845.30 74.76
Route 88 - Extra Bus 1 OPERATING DAYS
SATURDAY 1 DAYS 0.50 6.00 10.70 3.79 10.70 4.29 48.80 4.00 6.00 0.50 42.80 3.79 SUNDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

4.29 48.80 6.00 0.50 42.80 3.79
TOTAL 84.05 952.80 54.00 4.50 898.80 79.55
(1.00) (10.70) (10.70) (1.00)
TOTAL 79.76 904.00 48.00 4.00 856.00 75.76
TOTAL 162.81 1846.10 102.00 8.50 1744.10 154.31

SATURDAY
SUNDAY
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1C 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.32 9.90 0.00 0.00 13.81 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-1C (JARC) 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.25 9.90 0.00 0.00 13.29 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-2C 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.38 5.90 9.90 13.90 9.90 0.00 0.00 13.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.38 5.90 9.90 8.98 9.90 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-3C 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.38 5.90 9.90 14.30 9.90 0.00 0.00 13.50 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

SATURDAY
MONDAY through FRIDAY
MONDAY through FRIDAY

SATURDAY
JARC
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
20-1CC 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.38 5.90 9.80 14.13 9.80 0.00 0.00 13.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.38 5.90 9.80 8.60 9.80 0.00 0.00 7.66 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-2CC 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.42 6.50 9.80 13.53 9.80 0.00 0.00 12.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.80 9.18 9.80 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
20-3CC 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.40 6.30 9.80 6.85 9.80 0.00 0.00 6.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
20-3CC (JARC) 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.40 6.30 9.80 7.30 9.80 0.00 0.00 7.00 0.00 0.00 0.00 0.00 SATURDAY 0
MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
MONDAY through FRIDAY

SATURDAY
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
31 0 OPERATING DAYS
EASTBOUND 0 DAYS 0.36 6.10 6.60 10.87 6.60 0.00 0.00 21.00 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.36 6.10 7.00 10.00 7.00 0.00 0.00 17.20 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.36 6.10 13.30 9.68 13.30 0.00 0.00 9.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
31 (JARC) 0 OPERATING DAYS
EASTBOUND 0 DAYS 0.36 6.10 6.60 2.83 6.60 0.00 0.00 4.00 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.36 6.10 7.00 2.00 7.00 0.00 0.00 3.87 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
32 0 OPERATING DAYS
EASTBOUND 0 DAYS 0.35 6.00 5.70 7.92 5.70 0.00 0.00 16.50 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.35 6.00 6.42 6.00 6.42 0.00 0.00 14.48 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.35 6.00 13.90 9.20 13.90 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
40-1 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.25 4.60 12.30 13.83 12.30 0.00 0.00 12.52 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.25 4.60 12.30 8.75 12.30 0.00 0.00 8.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
40-2 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.26 4.80 12.30 13.37 12.30 0.00 0.00 12.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.26 4.80 12.30 8.80 12.30 0.00 0.00 8.53 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
40-3 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.23 4.40 12.30 5.01 12.30 0.00 0.00 4.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
MONDAY through FRIDAY

SATURDAY
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
51 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.21 5.00 13.30 13.85 13.30 0.00 0.00 13.95 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.21 5.00 4.30 12.63 4.30 0.00 0.00 32.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
52 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.23 5.10 17.50 4.80 17.50 0.00 0.00 3.49 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
53 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.21 5.00 8.80 0.43 8.80 0.00 0.00 1.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
ROUTE
NUMBER
60 0 OPERATING DAYS
WEEKDAYS 0 DAYS 0.25 4.40 9.50 9.38 9.50 0.00 0.00 12.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

SATURDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
88 84.05 79.55 4.50 952.80 898.80 54.00
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
Missed Service (1.00) (1.00) - (10.70) (10.70) -

83.05 78.55 4.50 942.10 888.10 54.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours
SUNDAY
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
88 79.76 75.76 4.00 904.00 856.00 48.00
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -

79.76 75.76 4.00 904.00 856.00 48.00
Pasadena Route 88 Transit to Trail
PASADENA ROUTE 88 TRANSIT TO TRAIL

MONTHLY MILES & HOURS REPORT
MONTH: April 2018 REVENUE & DEADHEAD

ROUTE NUMBER
Operating
Days

DEADHEAD
HOURS

DEADHEAD
MILES

REVENUE

MILES PER
LOOP

REVENUE
HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS
Total Deadhead
Miles
Total
Deadhead
Hours
Total Revenue
Miles
Total
Revenue
Hours

GRAND TOTALS
April 2018
ROUTE
TOTAL
HOURS
Total
Revenue
Hours
Total
Deadhead
Hours
TOTAL
MILES
Total
Revenue
Miles
Total
Deadhead
Miles
88 163.81 155.31 8.50 1,856.80 1,754.80 102.00
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
- - - - - -
Missed Service (1.00) (1.00) - (10.70) (10.70) -
162.81 154.31 8.50 1,846.10 1,744.10 102.00
Y.T.D. 54,173.23 52,401.69 1,771.54 585,845.99 555,633.20 30,212.79 600 Vine Street
Suite 1400
Cincinnati, OH 45202
513-241-2200
www.firsttransit.com
Baldwin Park Tansit
Fixed Route and Dial-a-Ride Proposal
12/01/24 to 12/31/24

OPERATIONS
Driver Payroll $ 600,643
Driver Benefits and Payroll Expense $ 131,007
Other Operations Staff Payroll $ 69,139
Other Operations Staff Benefits and Payroll Expense $ 15,080 Driver Training Payroll $ 9,695
Driver Training Benefits & Payroll Expense $ 2,114
Supplies $ 6,215
Vehicle Costs $ 2,577
Fuel (Excludes CNG) $ 41,004
Communications $ 14,540
Miscellaneous Operations Costs $ 7,951
Total Operations Expense $ 899,965

MAINTENANCE
Maintenance Staff Payroll $ 133,359
Maintenance Staff Benefits & Payroll Expense $ 29,087
Parts & Supplies $ 98,490
Oil & Lubricants $ 9,819
Maintenance Equipment $ -
Miscellaneous Maintenance Costs $ -
Total Maintenance $ 270,755

OTHER COSTS
Administrative/Management Payroll $ 64,730
Administrative/Management Benefits & Payroll Expense $ 14,118 Insurance $ 245,857
Facility Rent $ 19,800
Utilities $ 4,200
Advertising Payment To City $ -
Advertising Prodction Cost $ -
Bus Shelter Maintenance $ -
Other/Overhead Costs $ 80,865
Profit/Fee $ 85,691
Total Other Costs $ 515,262
Total Annual Cost $ 1,685,982
Scheduled Revenue Hours 19,976
Variable Costs $ 899,964.74
Fixed Costs $ 786,016.94
Rate Per Revenue Hour $ 84.40

STAFF REPORT
ITEM NO. 10

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TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Romany Basilyous, Engineering Manager
DATE: March 6, 2024
SUBJECT: (Continued) Hearing to Review Bidder Protests and Authorize the Award of Construction Contract for the Barnes Park
Multi-Benefit Stormwater Capture Project (City Project No.

CIP 21-198)

SUMMARY
This Project consists of construction of various improvements. These improvements include, but are not limited to, the installation of a subsurface stormwater infiltration system, storm drain improvements in the neighborhood, the expansion and rehabilitation of the existing parking lot, the addition of diagonal parking spaces along Patritti Avenue, upgrades to the existing play fields, construction of ADA accessible park entrances, the installation of new play equipment, construction of an additional restroom at the park’s building facility, enhancements to the existing basketball courts, and all other associated work as outlined in the plans and specifications.

RECOMMENDATION
It is recommended that the City Council:

1. Reject the bid protest submitted by KASA Construction; and

2. If the City Council believes that Zusser Company, Inc. (“Zusser”) has provided sufficient evidence to rebut the concerns that it is a non-responsible bidder, the City Council should award the contract for the Project to Zusser;

3. Alternatively, if the Council believes that Zusser has not provided sufficient evidence to rebut concerns that it is a non-responsible bidder, the City Council should award the contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00 (and Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc); and

4. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment.

FISCAL IMPACT
There is no fiscal impact on the General Fund. The funding for construction will come from Safe Clean Water Grant Funds, Measure W, and Quimby. These funds are available upfront and will not have an impact on the General Fund Reserve. The project will also be funded by a State Prop 68 Grant on a reimbursement basis which will be front-funded by the General Fund Reserve. Upon completion of the work, staff will seek reimbursement ensuring that there will be no impact to General Fund. Funding schedule is outlined in the table below:

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Approved Funds Amount
Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $8,700,000.00 Fund 270 Prop 68 California Parks Grant $2,874,351.00
Fund 231 Quimby $6,570.00
Approved Funds Total $11,580,921.00
Appropriation Amount
Fund 231 Quimby $1,300,000.00
Fund 255 Measure M $300,000.00
Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $4,835,690.00 Fund 258 Safe, Clean Water – Measure W Local Return $1,200,000.00 Appropriation Total $7,635,690.00
Construction Costs Amount
Construction Contract estimate, Contingency, Construction Management, Inspection Services and Permits $19,200,000.00
Total Construction Budget $19,200,000.00

BACKGROUND
On November 6, 2018, Measure W, also known as the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the district for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups.

In 2019, the City of Baldwin Park applied for a regional grant during the first round of the Call for Projects to fund a stormwater infrastructure project at Barnes Park. The Project was selected and was approved to receive funding in the amount of $14,735,690 programmed over four years through FY2023-2024. Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood ControlDistrict, essentially locking-in the programmed funds to be disbursed in advance over the 4 years.

In August 2019, the City applied for supplemental funds for park improvements via the State’s Prop 68 call forprojects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable.

On August 16, 2023, staff provided a high-level overview of the project to City Council during a Study Sessionpresentation. Staff reported the completion of the plans and specifications and informed the Council that the project was ready for bid.

On September 28, 2023, a notice inviting bids was published for CIP 21-198 on the San Gabriel Valley Tribune and uploaded to Planet Bids. On November 14, 2023, a total of six bids were received, opened, and publicly read.

On February 7, 2024, the City Council conducted a hearing to provide Zusser and the other bidders an opportunity to address the Council regarding concerns about their ability to perform the Project. After both Zusser and KASA

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issued litigation threats concerning the award, the City Council decided to continue the discussion to provide staff and the City Attorney and opportunity to reevaluate the claims, given the responses provided at the hearing

DISCUSSION
On November 14, 2023, six bids were received, opened, and publicly read for Barnes Park Multi-Benefit Stormwater Capture Project CIP 21-198. The bids were checked for errors and were all determined to be valid. The following is a summary of the bids received:

No Contractor Location Total Bid Amount
1 Zusser Company Los Angeles $17,088,481.00
2 Nationwide Contracting Huntington Beach $17,199,044.00 3 KASA Construction, Inc. Chino $17,350,658.80
4 Ford E.C. Inc Los Angeles $17,931,635.98
5 Stacy and Witbeck, Inc. Alameda $19,235,716.00
6 Ortiz Enterprises Inc. Irvine $21,009,465.00
As shown above, Zusser submitted the lowest bid on the Project. However, after reviewing the bids and investigating the qualifications of bidders, staff found evidence that concerning Zusser and reflects upon their responsibility to perform the Project. Staff believes such evidence is sufficient to disqualify Zusser and obligate the award of contract to Nationwide Contracting Services. That evidence consists of the following:

1. Candor: Zusser did not demonstrate candorin responding toCity inquiriesinto its qualifications. Rather,Zusser withheld production of documents, first on an unfounded claim of mediation privilege, and when confronted conditioned its production of documents on the City producing the information prompting its inquiry. Such evasiveness is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract.

2. Worker Misclassifications: In addition, Zusser disputed responsibility for worker misclassifications it admitted before the California Department of Industrial Relations (DIR). Staff believes that having chosen not to contest such findings, Zusser cannot claim that it did not engage in the violations. Zusser’s failure to take responsibility for its own conceded prior violations is also not consistent attributes of trustworthiness required to satisfactorily perform the contract. (See Zusser PowerPoint Document Dated February 7, 2024) As a result, it was determined by staff that there exists evidence that reflects upon their responsibility to perform the Project and whether Zusser is a responsible bidder.

The accompanying Record sets forth the background of this matter and is incorporated by reference as if fully set forth herein.

The hearing conducted on February 6, 2024 focused on the following:

KASA Bid Protest
At the February 7, 2024 hearing, KASA Construction argued:

Each lower bidder allegedly listed an unlicensed landscape subcontractor and a fencing subcontractor with lower pricing who KASA specifically chose not to include because the fencing contractor’s lack of experience failed to meet the contract’s specifications.

City staff is of the opinion that that such issues relate to responsibility, not responsiveness, and that in any event it appears that the landscape subcontractor is in fact licensed and that the fencing subcontractor is sufficiently qualified. In any event, concerns about a subcontractor’s qualifications do not necessarily render the prime-bid

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non-responsible, since the prime-bidder can demonstrate its responsibility by substituting in a satisfactory subcontractor if a listed subcontractor were problematic. (Clovis Unified School District (2007) 146 Cal.App.4th 757, 767).

Zusser Responsibility Issues
Subsequent to the presentation by KASA, Zusser was allowed to address concerns about its responsibility to perform the Project and rebut any claims made by other bidders. Zusser’s presentation focused on the following responses to staff’s concerns about their responsibility:

1. Lack of Candor and Non-compliance with Requests for Documents Zusser responded to concerns about its lack of candor and non-compliance with document requests with the following:

A. Zusser withheld document production on the basis of mediation confidentiality.

B. The City did not obtain a negative reference from the City of Bell Gardens, the agency that awarded the contract that the City was seeking the production of documents regarding.

C. The City did not provide the information that prompted its inquiry as to these documents.

D. The documents are not relevant because the City lacks personal knowledge of the events.

E. If the City had identified the information that prompted its concerns, Zusser would have provided the documents.

F. The City did not require other bidders to submit such documents.

2. Worker Misclassifications in Department of Industrial Relations Opinion Zusser responded to concerns of worker misclassifications before the California Department of Industrial Relations (DIR) with the following:

A. Zusser never admitted it misclassified workers.

B. Zusser made a financial decision to not to contest the DIR findings related to the classification of workers.

C. Zusser should not be penalized for agreeing to settle a DIR case, since many other contractors have done so.

D. Zusser is only challenging a separate component related to pipelayer classifications and that case is still pending.

E. The City has awarded other contracts to contractors with DIR claims.

A copy of the Staff Report for the February 7, 2024 prior hearing, all attachments thereto, and documents submitted for the record at such hearing, and the transcript of that hearing enclosed herewith, are incorporated by reference. The Council should review this information and determine if it is satisfied that Zusser has satisfactorily rebutted the concerns and can be deemed a responsible bidder.

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ALTERNATIVES

1. The City Council may choose not to award a construction contract, reject all bids, and re-bid the project.

This action is not recommended as re-bidding the project will delay the work and may result in increased costs.

2. Provide Staff with alternate direction.

CEQA REVIEW
A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Code of Regulations (CCR) §15000 et seq). The approved and adopted (MND) was recorded with the County Clerk, Los Angeles County Recorder's Office thru a Notice of Determination in accordance to the CEQA process.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Nationwide Contract Service Agreement

2. Zusser Contract Service Agreement

3. Hearing Audio Transcription

4. Zusser PowerPoint

5. February 7, 2024, Staff Report

6. The Record

7. DIR

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR
City Project No. CIP 21-198 – Barnes Park Multi-Benefit Stormwater Capture Project THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 6th day of March, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Nationwide Contracting Services Inc. (herein "Contractor"). The parties hereto agree as follows:

R E C I T A L S
A. City requires all improvements, including the installation of a subsurface stormwater infiltration system, a diversion structure, water quality inlets, diversion piping with control valves and flow meters, stormwater pretreatment system, expansion and rehabilitation of the onsite parking lot, new diagonal parking along Patritti Avenue, new/improved play fields, walkway improvements, storm drain improvements in the neighborhood, construction of ADA accessible entrances to the park, irrigation system replacement, planting of drought-tolerant landscaping, installation of new play equipment, installation of picnic tables and BBQ grills, park expansion to the north (Futsal court), restroom addition in the community center, improved basketball courts, and swales. These improvements (along with others shown in the Contract Documents), when completed, will finalize the Barnes Park Multi-Benefit Stormwater Capture Project.

Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all sub-contractors' compliance with this Section.

1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services underthis Agreement.

If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A through D” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through D” and any other provisions of this Agreement, the provisions of Exhibit “A through D” shall govern.

1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

For Federal Prevailing Wages see Exhibit “D”.

2. COMPENSATION

2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Seventeen Million One Hundred Ninety-nine Thousand Forty-four Dollar ($17,199,044.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing.

3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer.

4. COORDINATION OF WORK

4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Luicci Nader
7600 Liberty Dr.

Huntington Beach, CA, 92647
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Assignment – The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shallrelease the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed underthe contract.

Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

Coverage (Check if applicable) Minimum Limits
(X) Comprehensive General Liability Insurance
(including premises and operations)
$5,000,000 per occurrence combined single limit
( )
Contractual Liability Insurance Products
Liability Insurance
$1,000,000 limit
(X) Comprehensive Automobile Liability
Insurance (includes owned, non-owned,
and hired automobile hazard
$2,000,000 per occurrence combined single limit
( )
Professional Liability Insurance (providing
for a one year discovery period)
$1,000,000 limit
(X)
Workers' Compensation/Employers'
Liability Insurance
Statutory $2,000,000 per occurrence
CONDITIONS:

In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706.

Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performance of the work covered under this agreement.

Each contract between the Contractor and any sub-contractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.

5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub-contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith:
a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.
d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub- contractors.

5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

6. RECORDS AND REPORTS

6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7. ENFORCEMENT OF AGREEMENT

7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Disputes – In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

7.4 Waiver – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law orin equity, to cure, correct orremedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages – Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services.

The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractoris permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take overthe work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS

9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: Public Works Department
To Contractor:Luicci Nader
7600 Liberty Dr.

Huntington Beach, CA, 92647

9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.5 Hiring of Illegal Aliens Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)

9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.

9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By:
(Print Name) (Print Name)
Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation
ATTEST:

By:

Emmanual J. Estrada, MAYOR
APPROVED AS TO FORM:

By:

City Clerk
City Attorney

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR
City Project No. CIP 21-198 – Barnes Park Multi-Benefit Stormwater Capture Project THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 6th day of March, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Zusser Company (herein "Contractor"). The parties hereto agree as follows:

Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

1. SERVICES OF CONTRACTOR

Contractor shall be responsible for all sub-contractors' compliance with this Section.

For Federal Prevailing Wages see Exhibit “D”.

2. COMPENSATION

2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Seventeen Million Eighty-Eight Thousand Four Hundred Eighty-One Dollar ($17,088,481.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

4. COORDINATION OF WORK

Larisa Sass
528 Palisades Dr. # 504
Los Angeles, CA, 90272
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

5. INSURANCE, INDEMNIFICATION AND BONDS

Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub- contractors.

6. RECORDS AND REPORTS

7. ENFORCEMENT OF AGREEMENT

The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9. MISCELLANEOUS PROVISIONS

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: Public Works Department
To Contractor: Larisa Sass
528 Palisades Dr. # 504
Los Angeles, CA, 90272"

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

CONTRACTOR:

By: By:
(Print Name) (Print Name)
Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation
ATTEST:

By:

Emmanual J. Estrada, MAYOR
APPROVED AS TO FORM:

By:

City Clerk
City Attorney

·1· · · · · · · ·CITY OF BALDWIN PARK, CALIFORNIA
·2· · · · · · · · ·CITY COUNCIL REGULAR MEETING
·3· · · · · · · · · · · ·FEBRUARY 7, 2024
·4
·5
·6
·7
·8
·9· · · · · · · · · · · AUDIO TRANSCRIPTION
10 11· · ·HEARING TO REVIEW BIDDER PROTESTS AND AUTHORIZE THE 12· ·AWARD OF CONSTRUCTION CONTRACT TO NATIONWIDE CONTRACTING 13· · · ·SERVICES, INC., FOR CITY PROJECT NO. CIP 21-198, 14· · ·BARNES PARK MULTI-BENEFIT STORMWATER CAPTURE PROJECT 15 16
17 18
19 20
21 22
23· ·Transcribed by:
· · ·Diana Sasseen
24· ·CSR No. 13456
25· ·Job No. 10136338
·1· · · · · · MAYOR ESTRADA:· Okay.· So we are on to the next ·2· ·item, and that is Item Number 22.
·3· · · · · · Hearing to review bidder protests and authorize ·4· ·the award of construction contract to Nationwide
·5· ·Contracting Services, Incorporated, for City Project ·6· ·Number CIP 21-198, Barnes Park Multi-Benefit Stormwater ·7· ·Capture Project.
·8· · · · · · Enrique, and you can take this on.
·9· · · · · · CEO ENRIQUE ZALDIVAR:· Yes.· I'll introduce the 10· ·item, Mayor.· Thank you.
11· · · · · · So you know this long rain event I think is 12· ·actually (inaudible) illustrating what the purpose of 13· ·this project is because, you know, with all the storm 14· ·runoff, this project will take advantage of the fact 15· ·that we will allow stormwater to be captured and
16· ·infiltrated in the ground to replenish the aquifers.· So 17· ·the merits of the project couldn't be more evident than 18· ·in this current storm.
19· · · · · · And the project is going to take water diverted 20· ·from the storm drain, bring it into this huge vault, if 21· ·you will, big cistern, and then have the water
22· ·infiltrate in the ground.· And the soil here in Baldwin 23· ·Park is perfectly (inaudible) for percolation and
24· ·infiltration.· So the objective is to capture the water, 25· ·bring it into this huge cistern, have it infiltrate in ·1· ·the ground, empty out the cistern, and then be ready for ·2· ·the next storm.· So that's the theory behind it.· But ·3· ·for as long as we're not able to build it, we cannot ·4· ·capture the water.
·5· · · · · · So there's urgency, you know, to get the
·6· ·project going, thus the need to consider potentially ·7· ·awarding the contract to one of the bidders today, and ·8· ·then be able to get that feature underground.· Not to ·9· ·mention the (inaudible) other benefits that come with 10· ·the project, which is essentially renovation of the 11· ·park, which -- Barnes Park, which will include a dog 12· ·park and other amenities that Manny and his department 13· ·are actually waiting for and so are the residents. 14· · · · · · So, you know, the bids were open in October, 15· ·although that is publicly noted as, you know, then 16· ·there's the cost of the (inaudible) in vetting the 17· ·contract, the bidders due diligence in terms of their 18· ·track record and what have you.
19· · · · · · And so what you have in the staff report is a 20· ·recommendation that the award be given to Bidder Number 21· ·2, in that Bidder Number 2 is essentially the
22· ·responsive, responsible bidder, and that is a criteria 23· ·by which a construction contract now be awarded to the 24· ·lowest responsive, responsible bidder.· So we as staff 25· ·have deemed Bidder Number 2 to be that.· So that's the ·1· ·recommendation.
·2· · · · · · Bidder Number 1 and Bidder Number 3 have filed ·3· ·objections, are contesting the recommendation, and you ·4· ·will have the opportunity to hear from them today. ·5· · · · · · We do have a staff presentation that Romany ·6· ·will start us out with, and it will describe the project ·7· ·and is it also describe some of the bidder type of ·8· ·interactions we have got since the opening of the bids. ·9· ·And we also have our legal counsel Grant who will
10· ·provide some of the legal information as well.
11· · · · · · So, Romany, if you can run the presentation. 12· · · · · · ROMANY BASILYOUS:· All right.· I will try to do 13· ·this as short as I can.
14· · · · · · So good evening, Mayor, Council Members, city 15· ·staff, members of the audience.· Today I would like to 16· ·give you a presentation about Barnes Park Stormwater 17· ·Capture Project.
18· · · · · · So the content of this presentation, I'm going 19· ·to go first discuss the project cost and funding, then 20· ·construction time line, project features, project
21· ·improvements, bid opening, and we're going to talk about 22· ·the hearing for tonight.
23· · · · · · So construction cost for this project is about 24· ·17 million and around 200,000.· And the contingency is 25· ·about 2 million, which is going to be contingency, ·1· ·construction management, inspections, and permits. ·2· ·Total cost of the project is about 19 million and
·3· ·200,000.
·4· · · · · · We received a grant from the Safe and Clean ·5· ·Water Program for about 14,700,000 which represents ·6· ·about 72 percent of the fund of the project.· Also, we ·7· ·received about $3 million from Proposition 68 will is ·8· ·going to present about 15 percent of the funding of the ·9· ·project, and finally the city will be leveraging an 10· ·additional $2.8 million from local funds like Measure W 11· ·and Quimby, which will represent about 14 percent of the 12· ·cost of the project.
13· · · · · · Construction time line, we advertised back in 14· ·September 25th of last year, bid opening November 14. 15· ·If as the council members tonight give us (inaudible) 16· ·project, we are estimating to start in March and
17· ·complete the project in September, October of next year. 18· · · · · · Project features.· This project will capture 19· ·from runoff from a drainage area of over 440 acres in 20· ·size, will capture over 5 million gallons of stormwater 21· ·per each event, stormwater will be percolated for
22· ·groundwater recharge.· It will reduce pollutant, and 23· ·protect and restore urban watershed health.
24· · · · · · This is a one-minute video also to remind the 25· ·council members and the members of the audience about ·1· ·what we -- the project, how it going to look like at the ·2· ·end, and we -- this project, as our city manager
·3· ·mentioned, it's not just for stormwater, but we're ·4· ·looking into have (inaudible) grounds, basketball
·5· ·courts, and a lot of dog park and several improvements. ·6· · · · · · Oh, bid opening.· Bids were publicly opened on ·7· ·November 14.· The following is summary of the bids ·8· ·received:
·9· · · · · · First is Zusser Company at about 17,088,000. 10· ·Second, Nationwide Contracting at 17,199,000.· Kasa 11· ·Construction, third at 17,350,000.· Ford at 17,931,000. 12· ·As we can see the lowest four bidders are very close to 13· ·each other.· Fifth is Stacy and Witbeck at 19 million, 14· ·and finally Ortiz Enterprises at 21 million.
15· · · · · · That brings us to tonight's hearing.· So after 16· ·reviewing the bids and investigating the qualifications 17· ·of bidders, staff found evidence that concerning Zusser 18· ·and reflects upon the responsibility to perform the 19· ·project.
20· · · · · · And here are the two reasons:· Zusser did not 21· ·demonstrate candor in responding to city inquiries into 22· ·qualifications; and second, in addition to that, Zusser 23· ·disputed responsibility for worker misclassifications 24· ·it's admitted before the Department of Industrial
25· ·Relations.
·1· · · · · · On November 20, 2023, City received a bid ·2· ·protest from the third lowest bidder against the first ·3· ·and the second bidders.
·4· · · · · · Staff recommend to determine that Zusser is ·5· ·non-responsible bidder and approve and award the
·6· ·construction contract to Nationwide.
·7· · · · · · Finally, the purpose of this agenda item is to ·8· ·provide bidders with a hearing to give them an
·9· ·opportunity to present evidence concerning their
10· ·responsibility, and after considering the evidence 11· ·presented, for the council to make an award.
12· · · · · · And that ends the presentation and beginning of 13· ·the hearing.
14· · · · · · Thanks.
15· · · · · · Also, we have many documents.
16· · · · · · Are Zusser counsel here?
17· · · · · · You have new documents for the record.
18· · · · · · So we also have new documents going to present 19· ·to our city clerk to be added to the record of the 20· ·project.
21· · · · · · MAYOR ESTRADA:· All right.· So before we start 22· ·the hearing, we're going to take a 10-minute recess and 23· ·we're going to give Zusser time to review the documents. 24· ·And that would also give us time to independently review 25· ·the documents.
·1· · · · · · ROMANY BASILYOUS:· Sounds good.
·2· · · · · · MAYOR ESTRADA:· All right.· So we will
·3· ·reconvene at 9:40.
·4· · · · · · (Recess.)
·5· · · · · · COUNCILMEMBER DAMIAN:· Hey, David, they're ·6· ·ready.· The Mayor asked if you could start recording. ·7· · · · · · DAVID MORTENSEN:· Okay.· Standing by.· I've got ·8· ·to have Mark unmute.
·9· · · · · · COUNCILMEMBER DAMIAN:· Thank you, David.
10· · · · · · MAYOR ESTRADA:· We were presented with some 11· ·documents.· And I'll have Grant and Romany talk a little 12· ·bit about what was just handed out.· But just for the 13· ·benefit of the council, I want to make sure that you 14· ·follow with the outline of the hearing that is being 15· ·proposed in the staff report.· That is what we'll be 16· ·following.· That's on page 4 of the staff report.· And 17· ·so we are on the Section 1, accept staff report and 18· ·questions to staff.
19· · · · · · Before we open the hearing, we're going to hear 20· ·from Grant and Romany about what was just passed out 21· ·though.
22· · · · · · GRANT ORBACH:· So two documents were
23· ·distributed to council and given to the clerk for the 24· ·record.
25· · · · · · The first document is an e-mail exchange
·1· ·between counsel for the city and counsel for one of the ·2· ·protesters, or one of the parties involved, just to make ·3· ·sure we have a full record of that.
·4· · · · · · And the second document is a decision of the ·5· ·Department of Industrial Relations that is relevant to ·6· ·the discussion in the staff report about an admitted ·7· ·prevailing wage violation, and specifically with respect ·8· ·to page 25 of said document in the final paragraph. ·9· · · · · · MAYOR ESTRADA:· Grant, Romany, is that the case 10· ·that was appealed to the (inaudible) where there was a 11· ·hearing today?
12· · · · · · GRANT ORBACH:· Correct.
13· · · · · · MAYOR ESTRADA:· That's in your documents, the 14· ·writ that was filed.· But there was a hearing today 15· ·apparently.· We'll see if they can let us know what 16· ·happened.
17· · · · · · Thank you.· All right.· So we will open up the 18· ·hearing.· And the first presentation is from Kasa. 19· · · · · · AMANDA MARUTZKY:· Good evening, my name is 20· ·Amanda Marutzky.· I am an attorney with Watt Tieder in 21· ·Irvine.· I'm legal counsel for Kasa Construction, the 22· ·third lowest bidder.
23· · · · · · Kasa first and foremost wants to thank the 24· ·city, the Mayor, the council members, and the staff for 25· ·the opportunity to speak to you directly about what we ·1· ·believe is a valid and legally supportable bid protest ·2· ·against both the first and the second bidders, Zusser ·3· ·and Nationwide.· We've already established a robust ·4· ·record that you have with all of the grounds to reject ·5· ·both bids and find both to be non-responsible bidders, ·6· ·but I want to point out a few things that we want the ·7· ·city to consider or rather reconsider.
·8· · · · · · First as to the issue of responsiveness.· The ·9· ·staff report says, quote, a public agency can waive an 10· ·irregularity in the bids if it is considered
11· ·non-material and does not give a party an unfair
12· ·advantage.· In this bid protest, process, Nationwide and 13· ·Zusser had an unfair advantage.· They each listed an 14· ·unlicensed landscape subcontractor and a fencing
15· ·subcontractor with lower pricing who Kasa specifically 16· ·chose not to include because the fencing contractor's 17· ·lack of experience failed to meet the contract's
18· ·specifications.
19· · · · · · Now Nationwide, the number two bidder, claims 20· ·that there was no unfair advantage because they would 21· ·not have been able to withdraw their bid by listing the 22· ·unlicensed sub, but this ignores the other factors that 23· ·courts in California consider when deciding whether or 24· ·not there was an unfair advantage, namely, did it affect 25· ·the bid price.· Here there's no doubt that listing these ·1· ·two subs affected the price of the bid.· And an unfair ·2· ·advantage like this is material, it's not something that ·3· ·the city can just legally waive or ignore.· So Kasa ·4· ·again requests that the city reconsider its review of ·5· ·the bids for responsiveness as we do intend to use all ·6· ·of our legal remedies to make sure that the law is ·7· ·followed.
·8· · · · · · As to the issue of responsibility, Kasa is the ·9· ·responsible bidder.· You're going to have an idea of how 10· ·this project will go starting just by looking at the bid 11· ·forms.· Kasa is the only one who followed the rules and 12· ·complied with the bidding forms by filling out the bond 13· ·form correctly.· The staff report says that whether 14· ·subcontractors have required licenses is one of the 15· ·questions to consider when thinking about
16· ·responsibility.· And as I've mentioned, both Zusser and 17· ·Nationwide subcontractor was not licensed at bid time, 18· ·and that's the important part, at bid time, regardless 19· ·of any retroactive reinstatement that you might hear 20· ·about later tonight.
21· · · · · · What has been presented to the city on
22· ·responsibility have been several lawsuits involving wage 23· ·classification and trust funds that the other two
24· ·bidders are involved in or have been involved in that 25· ·relate directly to project performance, trustworthiness, ·1· ·fitness, and their capacity as bidders.· You have no ·2· ·such issues with Kasa.
·3· · · · · · Zusser could only cite one freeway car accident ·4· ·case filed by Larry H. Parker involving one of the ·5· ·Kasa's employee cars that had nothing to do with the ·6· ·project or any project performance.· So obviously this ·7· ·is not a comparative case having to do with any
·8· ·favoritism arguments that Zusser might raise tonight. ·9· · · · · · Lastly, it's clear from the bid documents, the 10· ·contract, and the specifications that the experience of 11· ·the contractor and his qualifications to perform this 12· ·important project for the city is very important.· So 13· ·for our remaining time I'm going to turn it over to 14· ·Kasa's vice president, Mr. Sam Kasbar, who is going to 15· ·speak to Kasa's experience.
16· · · · · · SAM KASBAR:· Good evening, Mayor, Council, 17· ·Council Members.· I will say forgive me, I'm not a very 18· ·good public speaker, but I could build a heck of a park. 19· · · · · · First and foremost, just like Amanda said, I 20· ·think Kasa is definitely the only responsible bidder 21· ·that's here tonight.· In terms of our experience, if any 22· ·one of you guys wanted to go to get the best seafood in 23· ·town or the best mechanic, you're going to go to Yelp 24· ·and you're going to see -- you're going to see who's got 25· ·the best reviews, and the verbiage there kind of speaks ·1· ·for itself.
·2· · · · · · What I have in front of me which probably you ·3· ·guys have already seen, is just several letters of ·4· ·recommendations from public entities just like
·5· ·yourselves, local agencies, as well as letters of
·6· ·recommendations from architects as well that have
·7· ·designed these parks, and we've built these parks, one ·8· ·of which is a letter of recommendation from the designer ·9· ·of this park as well.· So I think with just -- just with 10· ·that alone, I think that shall serve as representation 11· ·of who we are without really having to say, you know, 12· ·anything much further than that.
13· · · · · · We've done a lot of these projects, and I don't 14· ·think anybody in this room has built as many parks as 15· ·I've built.· Personally I've built over 100 parks
16· ·myself, public parks.· Typically on a project this size, 17· ·you're going to see prequalifications that are done, 18· ·maybe a different range of licenses that are
19· ·requirement, which in this case that wasn't there.· So 20· ·and if it was there, I can assure you that neither one 21· ·of the other general contractors that are here tonight 22· ·wouldn't qualify.· Kasa would qualify.
23· · · · · · THE CLERK:· I wanted to make a note that we 24· ·have met the 5 minutes.
25· · · · · · MAYOR ESTRADA:· Okay.· So we're cutting the ·1· ·time limits.· Just go ahead and wrap up.
·2· · · · · · SAM KASBAR:· Okay.· Sorry about that.· Thank ·3· ·you very much.· I'll try to talk quick.
·4· · · · · · We know that the bids are very tight.· Between ·5· ·us and Nationwide it was a little over $100,000.· And I ·6· ·think that -- besides the experience that Kasa has, of ·7· ·course money's a big part of this project and the
·8· ·budget, so I also know with our experience nobody could ·9· ·value engineer a project like this and save the city a 10· ·ton of money with also getting the better quality of 11· ·work no better than Kasa Construction.· This is how 12· ·we've gained our reputation in this industry and have 13· ·achieved a lot of these letters of recommendation, is by 14· ·providing a higher quality at a lesser cost.
15· · · · · · I think I'm done.· If there's any questions, 16· ·I'd love to answer them.
17· · · · · · MAYOR ESTRADA:· The council has any questions, 18· ·comments or concerns for Kasa, now is the time to ask 19· ·them.· So the floor is open to any council.
20· · · · · · If not, I want to thank you for coming out here 21· ·and presenting your viewpoint.
22· · · · · · Now I will ask Nationwide Contracting to come 23· ·to the dais and give us their presentation.
24· · · · · · AMANDA MARUTZKY:· Thank you.
25· · · · · · SAM KASBAR:· Thank you.
·1· · · · · · MAYOR ESTRADA:· Thank you.
·2· · · · · · THE CLERK:· 10 minutes starts now.
·3· · · · · · CHRISTOPHER MORROW:· Good evening.· My name is ·4· ·Christopher Morrow, and I'm counsel for Nationwide. ·5· · · · · · We were notified of the bid protest in December ·6· ·of last year.· At that time we were asked to respond to ·7· ·a narrow scope of issues and questions that were raised ·8· ·by Kasa in its bid protest, which we did.· We responded ·9· ·by the end of the year on a fairly quick turnaround. 10· · · · · · Since then, Kasa has submitted a supplemental 11· ·bid protest, Zusser has raised new and additional
12· ·issues, and this process has dragged out for another 13· ·full month as the bidders are scouring the various bids 14· ·trying to find minute details, errors, inconsequential 15· ·issues raised in hopes of convincing the council to 16· ·accept their respective bids.
17· · · · · · We've read the responses from counsel for the 18· ·city, we understand the position.· We agree with the 19· ·position.· We have provided the responses when asked, 20· ·provided documentations when needed.· We feel that we 21· ·have responded with the information requested and that 22· ·Nationwide's bid is responsive and Nationwide is a 23· ·responsible contractor.
24· · · · · · From a big picture standpoint, the issues that 25· ·are raised happen frequently on projects.· Bidders will ·1· ·go through another contractor's bid, try to find an ·2· ·error, and hope that they convince a public agency to ·3· ·disregard that bid and have that bid awarded to the ·4· ·higher-priced contractor, which in this case would be ·5· ·Kasa.
·6· · · · · · Kasa's arguments regarding responsibility and ·7· ·their qualifications, while interesting, are not
·8· ·relevant to your analysis today.· The reason being is ·9· ·that this is a hard bid, low-bid project, that you are 10· ·being asked to look at the bids to determine whether 11· ·they are responsible, whether the contractor's
12· ·responsible.· Whether or not there's letters of
13· ·recommendation, whether or not one contractor may have 14· ·more projects or a bit more experience is not what the 15· ·bid documents require.
16· · · · · · To be responsive to the bid documents you have 17· ·to answer the questions, you have to provide the
18· ·information required, which is what Nationwide did. 19· ·Nationwide has the capacity to do this project, they 20· ·have the requisite experience required by the bid
21· ·documents, and they have listed subcontractors that they 22· ·feel comfortable will be able to perform the work. 23· · · · · · The one subcontractor that they have referenced 24· ·that was unlicensed is now licensed and had an issue 25· ·with it's workers' comp.· Under California law, a
·1· ·contractor has 90 days to correct a workers' comp
·2· ·renewal.· And sometimes the workers' comp's not renewed ·3· ·because an audit hasn't been completed, additional ·4· ·information's needed.· And the statutory system is set ·5· ·up for that contractor in a 90-day window to correct any ·6· ·deficiencies and have its license retroactively
·7· ·reinstated.· It happens actually pretty frequently. ·8· · · · · · During that time period the contractors can bid ·9· ·on projects.· There's an expectation that when that 10· ·subcontractor provides that information and makes a 11· ·representation that they are in fact addressing it, 12· ·there's a good faith reliance that they are being
13· ·provided information that's accurate.· And that's
14· ·exactly what happened here.· Jon Gilmer Construction was 15· ·trying to resolve it.· They didn't do it within that 16· ·90-day window, and their license was temporarily
17· ·suspended.· In January they resolved it.
18· · · · · · Had they resolved it in that 90-day window, 19· ·their license would have been retroactively reinstated 20· ·to September and they would have been able to perform 21· ·work on this project.· It's usually not very complicated 22· ·to resolve a workers' comp issue.· And in this instance 23· ·we believed, based on the representations from our 24· ·subcontractor, that's what was going to occur.
25· · · · · · With respect to Nationwide's experience, they ·1· ·have experience on doing park projects; we've provided ·2· ·that information, we've provided a letter of
·3· ·recommendation, and we're here to answer any questions ·4· ·you have regarding their experience.· I have both owners ·5· ·of the company here next to me that can address any ·6· ·concerns that you have.
·7· · · · · · We agree with the staff's recommendation, and ·8· ·we're here to hopefully move forward with this project. ·9· ·And they look forward to partnering with you to make 10· ·this a successful project and to move forward.
11· · · · · · MAYOR ESTRADA:· All right.· Thank you.
12· · · · · · Is there any questions or comments from the 13· ·council?· Now is your time.
14· · · · · · COUNCILMEMBER DAMIAN:· Yeah, I just have a 15· ·question, Mayor, for Nationwide.
16· · · · · · Thank you for those comments.
17· · · · · · How many parks have you guys built?· What kind 18· ·of experience do you have with parks?
19· · · · · · LUICCI NADER:· We've built over six parks so 20· ·far.
21· · · · · · COUNCILMEMBER DAMIAN:· Did you say six?
22· · · · · · LUICCI NADER:· Yes.
23· · · · · · COUNCILMEMBER DAMIAN:· Six parks.· Okay.· So 24· ·would you say that this is one of your strong points? 25· · · · · · LUICCI NADER:· Yes, sir.
·1· · · · · · Sorry.· This is president of Nationwide
·2· ·contracting Luicci Nader.
·3· · · · · · And this is definitely one of our strong
·4· ·points.· When we talk about qualifications, we can list ·5· ·more -- a lot of projects that we are more than highly ·6· ·qualified for.
·7· · · · · · COUNCILMEMBER DAMIAN:· And in particular you ·8· ·mentioned that you guys have built six parks.· When or ·9· ·what year did you start building parks?
10· · · · · · UNIDENTIFIED SPEAKER:· 2011 was the first park 11· ·we did.· That was Anaheim Energy Park.
12· · · · · · COUNCILMEMBER DAMIAN:· Perfect.· Thank you so 13· ·much.
14· · · · · · MAYOR ESTRADA:· All right.· If there's any 15· ·other questions, comments from council?
16· · · · · · If not, thank you for being here today.· I am 17· ·going to ask you to take a seat.
18· · · · · · And I will ask Zusser, to come up to the dais. 19· · · · · · MARION HACK:· Good evening, Council Members. 20· ·My name is Marion Hack and I represent Zusser.· And I'm 21· ·here with Misha Fyodorov and his son Anton Fyodorov who 22· ·are the owners of the company.
23· · · · · · I was told I was not going to be able to
24· ·present a PowerPoint but I should bring one that I'm 25· ·going to work off of.· So here's my PowerPoint
·1· ·presentation.· How many do I need?
·2· · · · · · I do.· One, two, three.
·3· · · · · · MAYOR ESTRADA:· Just make sure you talk into ·4· ·the mic so that way council can hear --
·5· · · · · · MARION HACK:· I'm sorry, you can't hear me? ·6· · · · · · Can you hear me now?
·7· · · · · · MAYOR ESTRADA:· Yeah.· We have a virtual -- ·8· · · · · · MARION HACK:· So what I'm going to do is I'm ·9· ·going to walk through the PowerPoint, and you'll have it 10· ·in front of you so you can walk through it with me. 11· · · · · · Are we ready to go?· All right.· Good to go? 12· ·All right.· Thank you so much.
13· · · · · · First of all, I would like to thank you for 14· ·giving us the opportunity to speak tonight.· First of 15· ·all, I think you're very fortunate as a city to have 16· ·actually three great bidders bidding on this project and 17· ·wanting to do this project so badly.
18· · · · · · I want to introduce who my client is.
19· · · · · · Zusser is a family owned business.· There's 20· ·three members of the business basically, father, mother, 21· ·and son, who immigrated to the United States and started 22· ·this company.
23· · · · · · This is very important to them, this particular 24· ·situation extremely important to my client because this 25· ·amounts to a disbarment.· This is an issue where you're ·1· ·disbarring my client and saying they are unable to ·2· ·perform this work on this job.· And this has significant ·3· ·consequences going forward for my client.
·4· · · · · · This means that other public entities could ·5· ·potentially claim because your actions here tonight make ·6· ·them non-responsible, then other agencies may make the ·7· ·same claims in the future.· So my client has to fight ·8· ·this very hard because of the significant consequences ·9· ·this will have to their company.· You're putting the 10· ·company in a very difficult position if you make a 11· ·finding here that they are non-responsible.
12· · · · · · I will note the Zussers have been in business 13· ·for 20 years and have never been found a non-responsible 14· ·contractor and has done countless public works
15· ·contracts.
16· · · · · · So the only criteria you have here tonight is 17· ·evaluating bids as counsel for Nationwide said, is that 18· ·this is a hard bid situation where your responsibility 19· ·under the city of Baldwin Park Municipal Code is to 20· ·award to the lowest bidder.· And as you've been told, 21· ·there's only two ways not to award to the lowest bidder, 22· ·is, one, to find that the bids are not responsive, means 23· ·that the parties did not respond to the RFP and then you 24· ·can reject it, although the staff recommendation has 25· ·already said that all the bids are responsive, which we ·1· ·agree with.· The other basis is to find that the bidder ·2· ·is non-responsible, which is a much higher standard, ·3· ·because what you're saying is that the bidder is unable ·4· ·to perform the work that has been in the code.
·5· · · · · · So I want to point out on page now 3 of my ·6· ·presentation that the bid spread here is about 110,000, ·7· ·but what the staff report did not have, and I notice it ·8· ·was also not in the presentation you just saw, is
·9· ·there's also alternatives in this bid.· So when the 10· ·project starts and the city would like to perform those 11· ·alternatives, the bidder bid those at the time of bid. 12· ·So those prices are locked in.· So that's a benefit to 13· ·the city, the prices are locked in.
14· · · · · · And in that particular situation, when you look 15· ·at the alternatives, the difference in the bids between 16· ·Zusser and Nationwide is about $575,000.· The next bid 17· ·by Kasa.· If you went with Kasa, and you had to do the 18· ·alternates, you would be talking about $1.4 million in 19· ·difference.· So that's a very significant swing in bids. 20· · · · · · Moving to the next page.
21· · · · · · So the staff report, and this is an excerpt 22· ·from the staff report, basically sets forth what the law 23· ·is regarding non-responsibility.· So typical, and I'm 24· ·going to focus on this, a bidder is responsible if it 25· ·has demonstrated the attributes of trustworthiness as ·1· ·well as quality, fitness, capacity, and experience to ·2· ·satisfactorily perform the public works contract.· And ·3· ·that's the important point.· Can the contractor
·4· ·satisfactorily perform this particular contract.
·5· · · · · · And it goes on to say typically questions of ·6· ·responsibility include, for example, whether a bidder ·7· ·has experience with projects of the size contemplated, ·8· ·whether the bidder has sufficient bonding capacity, ·9· ·whether the proposed personnel or subcontractors have 10· ·required licenses, and whether the bidder's past action, 11· ·such as submitting false or inflated extra work claims, 12· ·demonstrate a lack of trustworthiness.
13· · · · · · Well, we're going to go through each one of 14· ·those.
15· · · · · · Next page.
16· · · · · · First, Zusser has experience with projects of 17· ·this size contemplated.· In fact, they just completed 18· ·almost the exact same project for the city of Bell 19· ·Gardens.· There's a nice picture here in here of putting 20· ·the cisterns in.
21· · · · · · Remember, this is not just a park, this is 22· ·actually a really important project because, as
23· ·explained, this is going to capture groundwater, which 24· ·we just had a lot of it just now, and then a park goes 25· ·over it.· So the really important aspect, and one of the ·1· ·reasons you have this grant money to do this new park is ·2· ·because you're putting in this water infiltration
·3· ·system.· And Zusser I think is the only bidder that has ·4· ·recently done a project almost identical to this and ·5· ·completed it.
·6· · · · · · It's also listed many other projects.· One of ·7· ·the ones I wanted to point out was the Point Dume
·8· ·staircase replacement project.· And this was fascinating ·9· ·because putting a staircase -- they had to put a
10· ·staircase, and you can see it on a cliff there, to try 11· ·to get -- they had to use this crawler machine to
12· ·install the pilings in order to put this in.· It was a 13· ·very technically difficult project, and they performed 14· ·it on time with no claims.
15· · · · · · Further, we have provided letters of
16· ·recommendations:· One from the city of Culver City dated 17· ·December 14th, 2023; from the city of Whittier
18· ·January 3rd, 2024; and from the Orange County Fire 19· ·Authority, who have all worked with Zusser and had 20· ·successful projects with them and consider them a
21· ·responsible bidder.
22· · · · · · Second criteria, does Zusser have proper
23· ·bonding capacity.· They do.· We have provided the letter 24· ·from their bonding company not only saying they have 25· ·bonding capacity but also verifying that they are a good ·1· ·contract and one they would recommend.· That is their ·2· ·bonding company making that recommendation.· And
·3· ·remember the bonding company is the one that's on the ·4· ·hook if Zusser does not perform.· So they have
·5· ·demonstrated they have sufficient bonding capacity. ·6· · · · · · Whether they have the appropriate licenses for ·7· ·the work?· That's a given.· Zusser is appropriately ·8· ·licensed for the work; there's no question on that. ·9· · · · · · And then the last, has Zusser submitted any 10· ·false claims for payment?· That has never happened.· And 11· ·that's important because the case law -- and I'm sorry, 12· ·I'm on page number 1 -- case law talking about this 13· ·trustworthiness talks about contractors who have
14· ·submitted false claims for payment.· And I think you 15· ·guys know what a false claim is.· You can't submit to a 16· ·public entity a false claim for payment or you'll be in 17· ·violation of the California False Claims Act, up for 18· ·trouble and potential penalty.· And these are
19· ·situations, that is when the courts have found
20· ·situations where the contractor's considered
21· ·untrustworthy, when they have knowingly, intentionally 22· ·submitted false claims.
23· · · · · · And the other case was intention of
24· ·substituting different contractors after the bid.
25· ·That's call bid shopping.· And that is not allowed in ·1· ·the State of California.
·2· · · · · · So when we look at responsibility, we look ·3· ·at -- I'm on page 12 -- a bidder's responsible if it can ·4· ·perform the contract as promised.· Zusser can perform ·5· ·the contract as promised, they've done it before, and ·6· ·they can do it here.
·7· · · · · · So what has been very frustrating in this ·8· ·particular process is that this is -- as counsel said, ·9· ·this has been sort of a long, drawn-out process.· And 10· ·there's been a lot of inconsistencies.· And here Zusser 11· ·is in a situation that has dire consequences and has 12· ·been very difficult to deal with the fact there's been 13· ·some inconsistencies as to what -- how Zusser is
14· ·considered non-responsive, responsible.
15· · · · · · For example -- and by the way, I have not been 16· ·dealing with Mr. Martinez the city attorney, I've been 17· ·dealing -- you have outside counsel.· So when I say the 18· ·city attorney, I'm not referring to Mr. Martinez, I've 19· ·been referring to outside counsel.
20· · · · · · We have received a letter from outside counsel 21· ·stating that Zusser appeared to be non-responsible based 22· ·on Zusser's substantial repeated bad faith violations of 23· ·prevailing wage law.· Well, that wasn't true.· The city 24· ·provided no evidence of repeated bad faith violations. 25· ·The only evidence they had was a single DIR decision ·1· ·which is 10 years old and is currently on appeal and had ·2· ·no finding of bad faith.
·3· · · · · · And then later the city -- Zusser asked the ·4· ·city to provide evidence reflecting on Zusser's
·5· ·responsibility due to the city claimed the result of ·6· ·reference investigation did not give the city confidence ·7· ·that Zusser was a responsible contractor.
·8· · · · · · Well, we asked what were the results of that ·9· ·investigation.· And we were told the city didn't contact 10· ·all of Zusser's references and some of the references 11· ·didn't respond.· And the city never received any
12· ·negative references on behalf of Zusser.· So that was 13· ·very strange.
14· · · · · · And then when we were asked for specific
15· ·information about five projects, we provided that
16· ·information.· We provided all the description of the 17· ·work, claims -- only one of them had claims on the 18· ·project.· What was the disputes?· And after that we had 19· ·another request to provide further information.· But 20· ·there was no evidence that there was anything improper 21· ·on that particular project, so we were confused why are 22· ·we being asked for all this information.
23· · · · · · THE CLERK:· Just a note, we have reach
24· ·10 minutes, Mr. Mayor.
25· · · · · · MARION HACK:· I would like to request more ·1· ·time.· This is a responsibility hearing, and I need to ·2· ·make sure all the evidence has been placed into
·3· ·evidence.
·4· · · · · · MAYOR ESTRADA:· Let me get the okay from legal. ·5· · · · · · That's fine.· You can continue.
·6· · · · · · MARION HACK:· Thank you.
·7· · · · · · All right.· So now we get the staff report and ·8· ·now we understand the basis for the non-responsibility. ·9· ·And the first basis is Zusser did not demonstrate candor 10· ·in responding to the city's inquiries.
11· · · · · · Well, first of all, I just went through what 12· ·the factors are.· Lack of candor is not one of them. 13· ·It's whether you can perform the contract in question. 14· ·And we asked very specifically to counsel, like where's 15· ·your legal authority that candor, a lack of candor has 16· ·anything to do with responsibility?· They could provide 17· ·none because there is no legal authority for that. 18· · · · · · And, in fact, Zusser did provide candor.· When 19· ·they first asked for documents, we had an issue because 20· ·we were currently in a mediation.· We could not provide 21· ·the documents that we had in mediation with the city of 22· ·Bell Gardens.· And the reason we can't do that is
23· ·there's a law specifically on that point.· Evidence Code 24· ·1119 says all documents and communications in a
25· ·mediation must remain confidential.· So we cannot
·1· ·provide our mediation briefs on that.
·2· · · · · · But we did provide, page 16, an outline of what ·3· ·happened on the project, which we explained that there ·4· ·were some claims on the project, we explained some of ·5· ·the claims on the project, we explained where it was; ·6· ·but there was no lawsuits, no demands or arbitration or ·7· ·other legal actions had been filed.
·8· · · · · · We also included the city of Bell Gardens as a ·9· ·reference in our bid.· And we've asked did the city call 10· ·the city of Bell Gardens and ask.· We've listed them as 11· ·a reference.· Did you get a negative reference from 12· ·them?· I don't -- we don't know because the city staff 13· ·has not told us whether they either called or got a 14· ·negative reference.· We have no idea.· So we just have 15· ·to assume that the city of Bell Gardens was called and 16· ·no negative reference was received on that project. 17· · · · · · So we've asked five separate times for
18· ·evidence.· And this is important because we're in a 19· ·hearing here today.· And this hearing is sort of a quasi 20· ·judicial proceeding.· And in that type of hearing, 21· ·according to the Supreme Court on this, prior to
22· ·awarding a public works contract to other than the 23· ·lowest bidder, a public body must notify the low
24· ·monetary bidder of any evidence reflecting upon his 25· ·responsibility received from others or adduced as a ·1· ·result of independent investigation.
·2· · · · · · So we asked what evidence have you received ·3· ·from the city of Bell Gardens, that either you received ·4· ·from them or adduced from your investigation that had ·5· ·any bearing at all on Zusser's responsibility?· They ·6· ·could provide no evidence at all.· And we asked not just ·7· ·once, we asked four times for this evidence.
·8· · · · · · So what we told the city is that there are ·9· ·thousands of documents on this project, we have -- and 10· ·I'll explain later -- we have hours and hours of video 11· ·footage.· We are fine, we will be happy to provide any 12· ·documents you want that has to do with what you've 13· ·learned about the city of Bell Gardens.
14· · · · · · If the city of Bell Gardens, there's something 15· ·on that project that is informing the city's decision to 16· ·decide that Zusser is non-responsible, tell us what it 17· ·is, and we will rebut it.· That's the standard here. 18· ·That's the legal standard.· And we've asked and asked 19· ·and asked, and we don't get that information.· And we're 20· ·entitled to that information.
21· · · · · · And there would be -- even if we provided the 22· ·documents, there would be no way for the city to even 23· ·assess the documents, because they have no personal 24· ·knowledge as to what happened at the city of Bell
25· ·Gardens project.
·1· · · · · · So if the city has any information regarding ·2· ·that project and it goes to Zusser's responsibility, ·3· ·first they had a requirement to tell us; second, if that ·4· ·was the case, we would have responded and provided every ·5· ·document you wanted regarding that issue.
·6· · · · · · Here's the problem:· This request is wholly ·7· ·improper.· When bidders bid on a project, they bid ·8· ·according to the criteria found in the RFP.· All right? ·9· ·The city has now added a different criteria in order to 10· ·be considered the winning bid that's only specific to 11· ·Zusser, the requirement to produce documents, because 12· ·there's no other requirement, the city of Bell Gardens 13· ·project has nothing to do with the responsibility
14· ·because the city has made it very clear they have no 15· ·evidence of anything that happened on that project has 16· ·anything to do with responsibility, but now they're 17· ·saying you must produce those documents.
18· · · · · · The RFP does not have this requirement to 19· ·produce those documents, and they have no legal
20· ·authority to require us to produce it.· And that means 21· ·Zusser is having to do an extra step that none of the 22· ·other bidders have had to do.
23· · · · · · And there's a case directly on point that 24· ·cities cannot change the bidding criteria after the bids 25· ·have come in.· They can't add a new criteria in order ·1· ·to -- in fact, this is a case where they got five bids ·2· ·basically, and I'm going to give it to you (inaudible) ·3· ·Disposal, and they changed the standard after the bids ·4· ·were open to make sure the preferred bidder got the job. ·5· ·That's the problem.
·6· · · · · · If there is a requirement in the RFP that we ·7· ·would be subject to an audit on any job, then we would ·8· ·have had to provide those documents, every bidder would ·9· ·have had to provide those documents.· But no, in this 10· ·particular case the only bidder that has had to provide 11· ·extra documents that are not required in the RFP is 12· ·Zusser.· And regardless of whether that's favoritism or 13· ·any other criteria, the courts will say that you can't 14· ·do that because it gives the appearance of impropriety. 15· · · · · · Public bidding is very, very important to 16· ·keep -- it's almost sacrosanct I think one of the case 17· ·says, you want to make sure you have an even and fair 18· ·playing field.· When you put a requirement on one bidder 19· ·that you don't put on any of the other bidders, that 20· ·playing field all of a sudden is no longer there.
21· · · · · · And in page 21 I've basically put the quote 22· ·from that case.· The case was the -- the bidder that won 23· ·it was Tom's Trash.· We do not believe Tom's Trash was 24· ·awarded the franchise; this was a franchise contract on 25· ·the basis of favoritism, fraud, or corruption, because ·1· ·the record doesn't show that.· But the fact that the ·2· ·bidders were misled and did not compete on a level ·3· ·playing field opens the door to such possibilities, and ·4· ·that is enough to warrant judicial intervention.
·5· · · · · · Going to the second issue.· This one is very ·6· ·odd.· We don't quite understand this one.· So Zusser is ·7· ·being determined non-responsible for workers
·8· ·misclassifications it admitted before the Department of ·9· ·Industrial Relations.
10· · · · · · So first, let's back up.· On page 25 of what 11· ·you were just sent out, Zusser does not dispute the 12· ·misclassification of workers to perform work for the 13· ·operating engineers and labor classifications, it does 14· ·not dispute the DLSA's determination that Zusser
15· ·underpaid workers as cement masons.· We don't -- we 16· ·didn't dispute that with the DSLE.· We didn't admit to 17· ·it, but we didn't dispute it.· We've never admitted that 18· ·we misclassified cement workers.· In fact, we still 19· ·believe today we did not misclassify those workers, but 20· ·we didn't dispute the responsibility for that.
21· · · · · · There was a financial decision made not to 22· ·contest the DIR's findings on cement workers and it's 23· ·not a concession or agreement.· Now, let me explain why, 24· ·because it's in the same decision.
25· · · · · · The reason why they didn't is because the ·1· ·monetary value wouldn't be worth it.· If you go to page ·2· ·21, the second full paragraph, the finding was the ·3· ·workers -- okay, the workers should have been paid ·4· ·$32.30 per hour.· The DSLE found that they were paid -- ·5· ·they were only paid $31.85 an hour.· The underpayment ·6· ·was 45 cents an hour.· This added up to almost a
·7· ·minuscule amount of money that the DSLE found that there ·8· ·was an underpayment.
·9· · · · · · When you go to page --
10· · · · · · THE CLERK:· Mayor, at this point we have now 11· ·reached 20 minutes.
12· · · · · · MARION HACK:· What?· I'm sorry, did I miss 13· ·something?
14· · · · · · MAYOR ESTRADA:· So we've -- the 20-minute mark, 15· ·so we'll give you just a couple of minutes to wrap it 16· ·up.
17· · · · · · MARION HACK:· The problem is we're in a
18· ·hearing, and this is -- I have to be able to present my 19· ·evidence.· I don't have a choice.· I think counsel will 20· ·agree I'm sort of stuck in this one.· I'm going as 21· ·fast --
22· · · · · · CITY ATTORNEY MARTINEZ:· No, we do, and we're 23· ·just asking you to plow along and get this done.
24· · · · · · MARION HACK:· I'm plowing along.· I'm going -- 25· · · · · · CITY ATTORNEY MARTINEZ:· Because they're going ·1· ·to have questions afterwards.
·2· · · · · · MARION HACK:· I'm going as quick as I can go. ·3· · · · · · So on page 27, the liability for the -- so ·4· ·there's two issues, underpayment -- what happens if ·5· ·there's an underpayment in the wages, there's usually an ·6· ·underpayment in the fringe benefits.· And we had an ·7· ·underpayment of 1700.· So the amount of total in
·8· ·controversy was $5,000.· So, and also one of the workers ·9· ·passed away.· So the reason why we didn't dispute it is 10· ·because it just wasn't financially worth to hire
11· ·attorneys to go down that road.· But we certainly are 12· ·taking responsibility for it, we're paying those
13· ·amounts.
14· · · · · · And I want to point out one thing that we did 15· ·after that.· We took so much responsibility for it, we 16· ·implemented a plan to never have this happen again.· So 17· ·we put together a -- if you look on page 24, 25, and 26. 18· ·So the issue is classification of workers.
19· · · · · · So what happens is, if someone can be
20· ·classified as a laborer but they could work on equipment 21· ·in one day, so the equipment rate is higher than the 22· ·labor rate.· But one worker can do both jobs during a 23· ·day.· So what Zusser did is they developed their own 24· ·time card app where the workers enter all of their time, 25· ·what they did, how many hours they did it for.· Then ·1· ·they have a -- a solar-operated camera on site that ·2· ·takes pictures every 15 minutes to make sure that what ·3· ·the employees are entering is accurate.· And then the ·4· ·employees then at the end of every week sign time cards ·5· ·verifying the issues of classifications.
·6· · · · · · And this happened 10 years ago, this cement ·7· ·issue.· And since then this has been hugely helpful to ·8· ·make sure there's never been another issue with a
·9· ·misclassification.· And this has been what Zusser has 10· ·done to prevent this.· So not only have they paid the 11· ·issue, paid the issue on the fines, the negligible 12· ·amount, but they implemented procedures to make sure 13· ·this happened again [sic].
14· · · · · · So ending, when we talked about -- one of the 15· ·issues is favoritism, and the reason why we brought up 16· ·that the issue of favoritism is important, is because 17· ·DIR issues come up with a lot of contractors, and this 18· ·board, this council has awarded contracts, several 19· ·contracts, we've pointed out, who they were, all
20· ·American Asphalt and PCN3, they've all been awarded 21· ·contracts with DIR violations.
22· · · · · · And then we also pointed out that the other 23· ·companies, Nationwide and Kasa, also had issues.· They 24· ·had an issue with a trust fund lawsuit, they had an 25· ·issue with -- Nationwide has three issues with lawsuits, ·1· ·and Kasa had one.· We are not saying that any of those ·2· ·bidders are non-responsible because they have lawsuits, ·3· ·we're not making that accusation, because all of these ·4· ·businesses have been in business for years and that ·5· ·happens in business, you have lawsuits, things happen; ·6· ·that doesn't make you non-responsible.· What makes you ·7· ·non-responsible is not being able to perform the work ·8· ·that you bid for.· And here Zusser is able to do that. ·9· · · · · · And in final, you know, this is a really
10· ·important issue to my client.· If the finding is that 11· ·they're non-responsible, Zusser has no choice, we're 12· ·going to have to file a lawsuit.· I don't say that in 13· ·any threatening way, I'm just saying we have to because 14· ·we have to protect the reputation of the company.· This 15· ·is a family company.· They can't have a finding of 16· ·non-responsibility on their record.· It just can't 17· ·happen.
18· · · · · · So the city by picking Zusser will save
19· ·$110,000 and it will save a lot of other angst that it 20· ·doesn't need either.
21· · · · · · CITY ATTORNEY MARTINEZ:· I just want to make 22· ·sure that you covered anything you needed to cover with 23· ·respect to the comments that were made by Kasa.
24· · · · · · MARION HACK:· By who?· Kasa?
25· · · · · · CITY ATTORNEY MARTINEZ:· Kasa.
·1· · · · · · MARION HACK:· Well, yes, I've covered all of ·2· ·it.· I think counsel also covered the issue because the ·3· ·same subcontractor as the Glimmer Contractor they
·4· ·listed.
·5· · · · · · CITY ATTORNEY MARTINEZ:· Okay.
·6· · · · · · MARION HACK:· So I wasn't going to repeat ·7· ·myself.
·8· · · · · · CITY ATTORNEY MARTINEZ:· Want to make sure. ·9· ·Want to make sure.
10· · · · · · MARION HACK:· Yeah, that's the -- it's the same 11· ·contractor.· And counsel is correct, it's a very common 12· ·issue that happens in all contracting with the workers' 13· ·comp.· I didn't want to repeat that one.
14· · · · · · MAYOR ESTRADA:· Are there any questions from 15· ·council?
16· · · · · · COUNCILMEMBER AVILA:· Mayor.
17· · · · · · MAYOR ESTRADA:· Yes, Council Avila.
18· · · · · · COUNCILMEMBER AVILA:· You keep mentioning Bell 19· ·Gardens.· What exactly happened there that you keep 20· ·mentioning Bell Gardens?
21· · · · · · MARION HACK:· Okay.· So Bell Gardens is -- 22· ·okay.· So that's the -- so the Bell Gardens project is 23· ·the same one that you're doing now.· They just finished 24· ·that project for the city of Bell Gardens.· And it's the 25· ·same --
·1· · · · · · How many cisterns did you put in there?
·2· · · · · · Yeah, so it's actually triple the size of this ·3· ·particular project.· It's very similar.· You put the ·4· ·cisterns and then you put the park over it.· And they -- ·5· ·we just finished -- Zusser just finished that job. ·6· · · · · · The reason I keep asking about city of Bell ·7· ·Gardens is, I'm sorry, because city staff asked us for ·8· ·records on city of Bell Gardens, and we provided an ·9· ·explanation of what happened on the project and the 10· ·issues that were going forward, but we just asked if 11· ·there was any negative inference, like did we do
12· ·anything wrong on that project that we have to deal with 13· ·here.
14· · · · · · COUNCILMEMBER AVILA:· All right.· So you
15· ·mentioned it.· So what happened?· What issues happened 16· ·that you keep mentioning?· I mean you're just saying 17· ·Bell Gardens, so what issues were they questioning? 18· · · · · · MARION HACK:· So what happened on the project, 19· ·the project ran late due to issues that were created by 20· ·two reasons; one, the city had issues with getting 21· ·the -- what happened was there was issues getting -- we 22· ·had a subcontractor, a supplier that did the cisterns. 23· ·And they used what's called a dry cast method on the 24· ·cisterns.· And the city of Bell Gardens, they're not 25· ·allowing it.
·1· · · · · · Yeah.· So what happened -- the problem with ·2· ·that method, which you are not using because this is a ·3· ·the problem with that, and fortunately the city of Bell ·4· ·Gardens allowed that method and the city of Baldwin Park ·5· ·is not allowing that method, is that it chips badly.· So ·6· ·they had to repair -- the supplier had to come out and ·7· ·repair it.· And it took a very long time for the city to ·8· ·approve the repairs.· So there was a dispute over the ·9· ·timing of that.
10· · · · · · And then there was other -- some claims, which 11· ·I mean we pretty much settled the case.· I mean we have 12· ·a settlement agreement we're about to sign with them. 13· ·So we're pretty much done with that.· The project's 14· ·done, and that was the issues we had.· And that was 15· ·in -- that's the information that we provided.
16· · · · · · That one did collect all the drain water
17· ·because it is actually in operation as we speak.· So 18· ·that was the issues.
19· · · · · · COUNCILMEMBER AVILA:· Also, did you appeal the 20· ·underpaid workers?
21· · · · · · MARION HACK:· We did on the pipefitters.· So -- 22· · · · · · COUNCILMEMBER AVILA:· Was that done today?· You 23· ·appealed it today?
24· · · · · · MARION HACK:· Well, there was a hearing today, 25· ·but it's -- there's no final decision.
·1· · · · · · COUNCILMEMBER AVILA:· And what was the outcome ·2· ·of that hearing?
·3· · · · · · MARION HACK:· There's no final decision on it. ·4· · · · · · COUNCILMEMBER AVILA:· No final decision.
·5· · · · · · MARION HACK:· No final decision.
·6· · · · · · And that's -- actually, so according to the ·7· ·city, the city staff report, they're not arguing over ·8· ·the pipefitter issue.· The issue was the cement masons, ·9· ·which was the one that was the 5,000 issue which we did 10· ·not appeal, did not appeal that one because of the cost 11· ·to do so and also unfortunately one of the workers 12· ·passed away.· So a witness is not available either. 13· · · · · · COUNCILMEMBER AVILA:· So no decision.· Today's 14· ·appeal there was no decision.
15· · · · · · MARION HACK:· There's no decision on today's 16· ·appeal.
17· · · · · · COUNCILMEMBER DAMIAN:· And I'm sorry, was that 18· ·also a DIR violation for the pipefitters?
19· · · · · · MARION HACK:· Yeah, it's the same issue. I 20· ·mean we feel pretty -- I will tell you Zusser feels 21· ·pretty strongly about the -- it's a classification 22· ·issue.· In other words, we're disputing the DSLE's 23· ·thinking that they should be one classification; we 24· ·believe that should be another classification.· And it's 25· ·hotly contested because Zusser believes they did
·1· ·classify those workers correctly, and we think that the ·2· ·DSLE decision is wrong on that.
·3· · · · · · I mean, of course, if we don't win the appeal, ·4· ·then we will go -- you know, we'll try to -- then we ·5· ·will deal with it at that point, but we'll have to pay ·6· ·it.· You know, that's just sort of how the cookie
·7· ·crumbles.
·8· · · · · · COUNCILMEMBER DAMIAN:· So I did hear you
·9· ·mention about the cement workers, about the pay of 32.30 10· ·when, you know, they were getting paid 31.85, but did 11· ·you forget to mention this portion in your speech or 12· ·your 20 minutes that you had?
13· · · · · · MARION HACK:· I'm sorry, I couldn't -- I
14· ·couldn't quite understand you.
15· · · · · · COUNCILMEMBER DAMIAN:· So you did mention 16· ·cement and then the other issues where they should have 17· ·been getting paid 32.30 an hour but they were getting 18· ·paid 31.85 an hour.· So you mentioned all of that, but I 19· ·don't recall you mentioning anything about this appeal 20· ·and the pipefitters.
21· · · · · · MARION HACK:· Right.
22· · · · · · COUNCILMEMBER DAMIAN:· Did you forget to
23· ·mention that?
24· · · · · · MARION HACK:· So the reason I didn't mention 25· ·that was -- and I'm sorry I'm looking up at you because ·1· ·you're up there.· The reason I didn't mention that is ·2· ·because it's not part of the staff decision.· The staff ·3· ·recommendation has to do with the cement issue, it has ·4· ·nothing to do with the pipefitters.· So that's why I'm ·5· ·not talking about it, because that wasn't the basis for ·6· ·the decision on non-responsibility.
·7· · · · · · COUNCILMEMBER DAMIAN:· But we're still -- we're ·8· ·dealing with the DIR violation, correct?
·9· · · · · · MARION HACK:· Well, it's an appealed DIR
10· ·violation, yes.· And we have a right to appeal DIR 11· ·violations.· I mean we're not penalized for appealing 12· ·them.
13· · · · · · COUNCILMEMBER DAMIAN:· My last question to you 14· ·guys, to the Zusser owners, how many parks have you 15· ·built and what kind of experience do you have with that? 16· · · · · · MARION HACK:· How many parks have you built and 17· ·what's your experience with that?
18· · · · · · COUNCILMEMBER DAMIAN:· Can you go to the
19· ·microphone, please.
20· · · · · · MARION HACK:· Yeah, have the microphone.
21· · · · · · MIKHAIL FYODOROV:· First, the most important, 22· ·we build exact replica and a larger scale to the park 23· ·that (inaudible), the water capturing system with pretty 24· ·much the same grant funds.· For over 20 years our
25· ·experience we build I would say close to 70 large
·1· ·municipal projects, and (inaudible) 70 municipal
·2· ·projects, they were about I would say between six and ·3· ·seven parks as part of our overall portfolio.
·4· · · · · · COUNCILMEMBER DAMIAN:· Six to seven parks? ·5· ·Okay.
·6· · · · · · MIKHAIL FYODOROV:· Yeah.
·7· · · · · · COUNCILMEMBER DAMIAN:· Thank you so much. ·8· · · · · · MIKHAIL FYODOROV:· I'm not 100 percent sure. I ·9· ·need to go look back, but I mean we build at least 10· ·somewhere in that many.
11· · · · · · COUNCILMEMBER AVILA:· So back to the hearing, 12· ·were you at the hearing, Marion?· Marion, correct? 13· · · · · · MARION HACK:· I was not at the hearing.· I'm 14· ·not counsel of record for the appeal.
15· · · · · · COUNCILMEMBER AVILA:· Who went to the hearing? 16· · · · · · MARION HACK:· Were you at the hearing today? 17· · · · · · MIKHAIL FYODOROV:· I was (inaudible).
18· · · · · · MARION HACK:· He was there.
19· · · · · · COUNCILMEMBER AVILA:· Unrepresented or -- 20· · · · · · MARION HACK:· No.· No.· He's represented by 21· ·counsel.
22· · · · · · COUNCILMEMBER AVILA:· Another counsel.
23· · · · · · MARION HACK:· There's another counsel on that. 24· ·I -- I'm not --
25· · · · · · COUNCILMEMBER AVILA:· You are not part of that ·1· ·hearing.
·2· · · · · · MARION HACK:· No, I don't handle DSLE issues. ·3· ·So he has another law firm that does that.· It's not ·4· ·even my law firm that's doing it.
·5· · · · · · COUNCILMEMBER AVILA:· So you were informed ·6· ·there was no decision made.
·7· · · · · · MARION HACK:· I thought there was no decision. ·8· · · · · · Was there any decision?
·9· · · · · · MIKHAIL FYODOROV:· I don't think so.
10· · · · · · MARION HACK:· It was just a hearing,
11· ·(inaudible).
12· · · · · · MIKHAIL FYODOROV:· (Inaudible).
13· · · · · · MARION HACK:· Okay.· And this is at superior 14· ·court, right?
15· · · · · · MIKHAIL FYODOROV:· Yeah.
16· · · · · · MARION HACK:· Not at the court of appeals. I 17· ·guess that's what I'm trying to say.
18· · · · · · COUNCILMEMBER GARCIA:· Sometimes the items -- 19· ·sometimes the items are taken under advisement, right? 20· · · · · · I do have a question.· I know you gave lengthy 21· ·explanation of the unclassified or, you know,
22· ·incorrectly classified positions and the amounts and how 23· ·that has now been corrected.· And that was -- I think 24· ·you said it was about 1500 or so.· But I'm looking at 25· ·the DIR decision here.· And it says the assessment ·1· ·determined that the following amounts were due:· 209,000 ·2· ·and some change in unpaid prevailing wages.· So -- ·3· · · · · · MARION HACK:· That's the pipefitters.· The ·4· ·problem is that in the decision it's not very -- the ·5· ·cement is very small, the pipefitters is much larger. ·6· · · · · · COUNCILMEMBER GARCIA:· But this was for a ·7· ·public project.
·8· · · · · · MARION HACK:· Huh?
·9· · · · · · COUNCILMEMBER GARCIA:· This was for a public 10· ·project.
11· · · · · · MARION HACK:· Oh, all DSLE issues are for 12· ·public projects.· They're always the prevailing wage 13· ·issue.
14· · · · · · COUNCILMEMBER GARCIA:· Yeah.
15· · · · · · MARION HACK:· And the issue here -- I mean, we 16· ·could go into a long dissertation of why we think that 17· ·is an incorrect decision because basically it's one 18· ·pipefitter as opposed to another pipefitter and we 19· ·believe we had the right classification as to the
20· ·pipefitters.· We still believe we have the right
21· ·classification as to the pipefitters.· And I think we 22· ·should be allowed to argue that.· You know, we have free 23· ·speech rights to do that.
24· · · · · · COUNCILMEMBER GARCIA:· Right.· Of course. 25· · · · · · And, you know, we're here to listen to it, but ·1· ·I think for the city we do look at projects
·2· ·holistically, you know, with all the components from ·3· ·start to completion.· So I think it's relevant.
·4· · · · · · MARION HACK:· I will remind you it was a
·5· ·10-year-old project, and Zusser put into place
·6· ·mechanisms so that wouldn't happen again, so they
·7· ·wouldn't be in that situation.· So an irresponsible ·8· ·contractor wouldn't have done any of that, and Zusser ·9· ·has done that and since that time period has been found 10· ·to be responsible on -- I mean, you know, dozens of 11· ·contracts, including the references I provided, and they 12· ·were responsible to do the city of Bell Gardens's
13· ·project.· It's the same project here, just three times 14· ·larger.
15· · · · · · CITY ATTORNEY MARTINEZ:· (Inaudible).
16· · · · · · MARION HACK:· Right.· So I mean I'm not sure -- 17· ·that's why this is -- non-responsibility is a very 18· ·tricky thing to say that a contractor is non-responsible 19· ·because it keys up -- well, first of all, we're entitled 20· ·to a hearing, we're entitled to a quasi jurisdictional, 21· ·that's why we're here, but if it goes forward, then 22· ·we're entitled to a writ of mandate.· And then it goes 23· ·forward from there and there.
24· · · · · · I mean that's what -- it's very unusual let's 25· ·say -- when you look at the report of decisions on ·1· ·contractors being found non-responsible, the reasons ·2· ·here aren't those.· They're serious, serious violations. ·3· ·One, they cannot perform the project, they don't have ·4· ·any experience doing this, or B, they've committed ·5· ·fraud.· You know, that's the decisions you see.
·6· · · · · · You don't see something in this particular -- ·7· ·there's no decision that said a contractor's
·8· ·non-responsible because they have had a DIR violation. ·9· ·Because if that was the case, then a lot of contractors 10· ·wouldn't be able to do this because misclassification 11· ·issues come up all the time.· That's why you've hired 12· ·contractors who have had the exact same issue, because 13· ·it would be hard to find people that don't have it. 14· · · · · · What happens is you pay, you know, you pay the 15· ·fine or whatever the issue is and you move forward.· Or 16· ·you do what Zusser did, is try to prevent that from 17· ·happening in the future.
18· · · · · · CEO ENRIQUE ZALDIVAR:· On the issue -- on the 19· ·issue of the cement finishers, in retrospect, you think 20· ·it was still the right decision to not contest an
21· ·appeal, the findings?
22· · · · · · MARION HACK:· To not contest it, the cement? 23· · · · · · CEO ENRIQUE ZALDIVAR:· Right.· You made a 24· ·decision of convenience, financial convenience, and yet 25· ·we're finding you non-responsible for that reason. ·1· · · · · · MARION HACK:· Well, you know what, you're kind ·2· ·of saying to contractors you have to fight everything ·3· ·and you can't make any business decisions.· If you get a ·4· ·parking ticket, for example, and you think you're right, ·5· ·right, but to appeal it would be this huge effort and ·6· ·everything, you just plead no contest and say I'll pay ·7· ·the fine and I will go.
·8· · · · · · When you're talking about $5,000, are you ·9· ·saying that Zusser should have spent hundreds of
10· ·thousands of dollars on an attorney to fight it when 11· ·really they just take responsibility, pay it, and move 12· ·forward with their businesses?
13· · · · · · CEO ENRIQUE ZALDIVAR:· The responsibility being 14· ·that you did something wrong.
15· · · · · · MARION HACK:· We take responsibility -- it's a 16· ·no contest.· We don't admit guilt, we just take
17· ·responsibility, pay the violation, and make sure that it 18· ·doesn't happen again, and put everything in place so it 19· ·doesn't.
20· · · · · · But if the standard is that if a contractor has 21· ·a DIR violation and they pay, which you have hired many 22· ·contractors who have done just that, then every
23· ·contractor is going to have to appeal every DIR decision 24· ·or they're going to be found non-responsible.· I mean, 25· ·the cost to contractors in this state, I don't think ·1· ·anybody in this room would think that would be a good ·2· ·idea because it's great for attorneys, but terrible for ·3· ·businesses.
·4· · · · · · Sometimes stuff happens in business, I mean ·5· ·sometimes you just make a mistake and you have the wrong ·6· ·classification.· If you make a mistake, does that make ·7· ·you a non-responsible contractor?· I mean these are ·8· ·class- -- these are hard classifications, you know, ·9· ·people make errors.· I just don't think that should be 10· ·the standard going forward because then every -- if you 11· ·have a car accident, where does this end?· You know you 12· ·have to appeal everything and never admit
13· ·responsibility.· How about just admit it, just say we're 14· ·not going to dispute it, we'll pay it and move forward. 15· ·It saves the state a lot of money by the way too, it's 16· ·not just us.
17· · · · · · So I don't -- I don't know, if that's the 18· ·standard, I don't think anyone could meet it.
19· · · · · · MAYOR ESTRADA:· I mean one of the more -- I 20· ·think one of the more obvious questions is if you're in 21· ·litigation with city of Bell Gardens, why did you list 22· ·them as a reference?
23· · · · · · MARION HACK:· Why not?
24· · · · · · MAYOR ESTRADA:· Because --
25· · · · · · MARION HACK:· It's a great project.· I mean we ·1· ·had disputes.
·2· · · · · · MAYOR ESTRADA:· (Inaudible).
·3· · · · · · MARION HACK:· They're proud of it.
·4· · · · · · MAYOR ESTRADA:· I think at the beginning you ·5· ·said you couldn't talk too much about it because you're ·6· ·in litigation.· So I'm assuming that if we tried -- I ·7· ·don't know, I wasn't there, I didn't make the call, but ·8· ·I'm assuming that if I tried to reach out to Bell
·9· ·Gardens, they would tell me the exact same thing, that 10· ·they couldn't talk about this because it's in
11· ·litigation.
12· · · · · · MARION HACK:· We're not in actual litigation. 13· ·We have a dispute.
14· · · · · · MAYOR ESTRADA:· So Bell Gardens passed
15· ·Resolution Number 2023-42, right?· And it talks about 16· ·the project wasn't -- it wasn't just with Bell Gardens, 17· ·it was through JPA of the Gateway Region Integrated 18· ·Watershed Management.· There was -- involving multiple 19· ·cities.· Right?
20· · · · · · So there's a resolution of the city council of 21· ·the city of Bell Gardens, California, approving a
22· ·project neutral agreement --
23· · · · · · MARION HACK:· Funding goes through
24· ·(inaudible).
25· · · · · · MAYOR ESTRADA:· Yeah, beyond the point, but -- ·1· ·so it says the resolution -- a resolution of the city ·2· ·council of the city of Bell Gardens, California -- and ·3· ·this is just me Googling it now, right, so this isn't ·4· ·anything that anybody gave me, for the resolution of ·5· ·disputes regarding the John Anson Ford Park Infiltration ·6· ·Cistern Project, which is the project you're
·7· ·referencing, right?
·8· · · · · · So in that -- what I'm reading here is that -- ·9· ·I want to make sure I find the right part.· The city 10· ·contends that delays have been due to a combination of 11· ·Zusser's performance, weather delays, deficiencies in 12· ·the precast concrete installation, and Zusser's staffing 13· ·and prosecution of the work in a timely manner among 14· ·other issues.
15· · · · · · So they passed the whole resolution contending 16· ·that they kind of put the blame on you.
17· · · · · · MARION HACK:· We understand there's a dispute, 18· ·but we also have a settlement agreement with them where 19· ·they're taking responsibility for many of these issues. 20· ·I can't share the settlement agreement because it's not 21· ·completed, but they're actually taking responsibility. 22· · · · · · So I mean if you -- this is why -- this is a 23· ·hearing.
24· · · · · · MAYOR ESTRADA:· I know.
25· · · · · · MARION HACK:· There was an issue with this ·1· ·project and there was like -- you wanted to talk about ·2· ·we would come in and we would relitigate that project ·3· ·here and we would show you why we're right and we've got ·4· ·all this video of why we're right.· So that's why we ·5· ·don't -- this is why I've been asking so long for this ·6· ·information.
·7· · · · · · MAYOR ESTRADA:· Yeah, that's what I'm saying. ·8· ·You're telling me you can't tell me details; why would ·9· ·we expect that Bell Gardens could tell me details? 10· · · · · · MARION HACK:· Why wouldn't they tell you
11· ·details?
12· · · · · · MAYOR ESTRADA:· Because you're in litigation. 13· · · · · · MARION HACK:· So we're not in litigation, we -- 14· · · · · · MAYOR ESTRADA:· There's confidentiality in what 15· ·you're currently negotiating.
16· · · · · · MARION HACK:· We're currently in negotiation, 17· ·absolutely, there's confidentiality, but --
18· · · · · · MAYOR ESTRADA:· Of course.
19· · · · · · MARION HACK:· -- but as to what happened on the 20· ·project, the city of Bell Gardens could have given us a 21· ·bad reference.· Did they?
22· · · · · · MAYOR ESTRADA:· I didn't talk to them.
23· · · · · · MARION HACK:· Did no one talk to them?
24· · · · · · MAYOR ESTRADA:· I'm just asking, based on what 25· ·I know, me, if I'm in litigation, I can't talk about ·1· ·something, but I wouldn't go and ask the other party to ·2· ·talk about it; or if any sort of claim going on, I ·3· ·wouldn't be able to talk about it because it opens me up ·4· ·to litigation.· So I wouldn't expect the other party to ·5· ·put themselves in that position, just from my experience ·6· ·sitting on this council.
·7· · · · · · MARION HACK:· First of all, we're not in
·8· ·litigation.· I want to be clear.· There's no Complaint ·9· ·filed.
10· · · · · · MAYOR ESTRADA:· Maybe I'm using the wrong term. 11· ·Just claims and going back and forth based on
12· ·discrepancies and the scope of work met.· I won't use 13· ·the word "litigation."· What I'm saying is -- that's 14· ·what I'm saying.
15· · · · · · MARION HACK:· Well, again, if they provide a 16· ·bad reference and if -- and by the way, you could do an 17· ·independent investigation, you could provide that
18· ·evidence, and we would have been here today rebutting 19· ·it, but that evidence hasn't been provided, and here 20· ·we're on the fly and you're reading things off the 21· ·Internet.· I mean --
22· · · · · · MAYOR ESTRADA:· Well, I'm reading a resolution, 23· ·it's not just off the Internet, it's off their agenda. 24· · · · · · MARION HACK:· No, I understand that.· But do 25· ·you understand the problem with that?· We're having a ·1· ·hearing today.· It's a judicial hearing.· The Supreme ·2· ·Court has been very clear that the city has to provide ·3· ·this evidence prior to the hearing so we can rebut it. ·4· · · · · · MAYOR ESTRADA:· I understand.· So I just -- you ·5· ·kept bringing up Bell Gardens, so I looked it up and see ·6· ·what I could find on the fly.
·7· · · · · · MARION HACK:· I understand.· The city brought ·8· ·up Bell Gardens anyway, so they asked for documents. ·9· ·Again, I asked why you want the documents.
10· · · · · · MAYOR ESTRADA:· So that's --
11· · · · · · MARION HACK:· Maybe that was the reason, they 12· ·just didn't tell us that.
13· · · · · · MAYOR ESTRADA:· Yeah, I don't know.· So those 14· ·are all questions for anyone on staff, that's
15· ·(inaudible) of course.· We're not a part of the daily 16· ·operations, so we weren't part of that process.
17· · · · · · COUNCILMEMBER DAMIAN:· But if I may, Mayor, but 18· ·it's also our job to do our due diligence and to make 19· ·sure that the municipality is able to look at the work 20· ·history and what you've done in order for us to grant 21· ·someone a almost $18 million project.· I mean we can't 22· ·just go and hand it out, we have to do our own due 23· ·diligence as well.
24· · · · · · So, Mayor, are we done with the public hearing 25· ·or --
·1· · · · · · COUNCILMEMBER GARCIA:· I actually have a
·2· ·question.· I have a question for Romany, our staff. ·3· · · · · · Did we make contact with the city of
·4· ·Bell Gardens?
·5· · · · · · GRANT ORBACH:· I would recommend Romany not get ·6· ·into issues.· I would recommend that Romany not get any ·7· ·issues to respect the due process rights of Zusser here, ·8· ·that whether or not there were communications with Bell ·9· ·Gardens, they're not being tried for any responses. 10· ·That's not for the council.
11· · · · · · COUNCILMEMBER GARCIA:· Could I ask as part of 12· ·our due diligence, did we reach out to Bell Gardens? 13· · · · · · ROMANY BASILYOUS:· Yes, we did.
14· · · · · · COUNCILMEMBER GARCIA:· Okay.
15· · · · · · MARION HACK:· That's the first I'm hearing 16· ·that.· I asked that question over and over again.
17· · · · · · So there's no negative reference obviously, 18· ·because if there was a negative reference, we would be 19· ·hearing about it.· And they have no restriction in 20· ·telling you how -- what happened on the project.
21· ·There's no restriction.· If they put it in a board 22· ·resolution, I don't think they'd have any problem
23· ·telling you.
24· · · · · · CEO ENRIQUE ZALDIVAR:· Has the project closed 25· ·out?· Has it been accepted by the city of Bell Gardens ·1· ·as a completed project?
·2· · · · · · MARION HACK:· They've taken beneficial
·3· ·occupancy, and then the close out is the settlement ·4· ·agreement.· But they've got all the -- it's all done. ·5· · · · · · CEO ENRIQUE ZALDIVAR:· So it has some disputed ·6· ·items; not litigated, but disputed.
·7· · · · · · MARION HACK:· They're disputed, and
·8· ·hopefully -- I think they're settled.· So we're,
·9· ·hopefully, done.· We've got a settlement agreement 10· ·today.· The city sent us their version of the settlement 11· ·agreement, which is very close to what our version is 12· ·looking like, so we're pretty close to being completely 13· ·closed out with the city, and we provided all the
14· ·documents.· And honestly, it's a great project. I
15· ·invite you guys to go look at it.
16· · · · · · MAYOR ESTRADA:· All right.· Well, if there's no 17· ·more questions or comments, now is the time to entertain 18· ·a motion.
19· · · · · · Or, City Attorney, if you have anything to add 20· ·before we --
21· · · · · · CITY ATTORNEY MARTINEZ:· No, Mayor, only to 22· ·point you to the section in the staff report that's 23· ·cited as the alternatives.
24· · · · · · MARION HACK:· Am I done?
25· · · · · · CITY ATTORNEY MARTINEZ:· Yes.· Thank you, ·1· ·ma'am.
·2· · · · · · We provided -- staff provided three general ·3· ·alternatives for you.· Like with all the works projects, ·4· ·you have the authority to reject all bids and start the ·5· ·bidding process over again.· That's one of the options ·6· ·that you have.· That would obviously delay the project. ·7· ·And we don't know what the rebidding might bring in ·8· ·terms of the estimated cost for the project.
·9· · · · · · We also heard two threats of litigation
10· ·tonight.· And we've heard a lot of issues relating to 11· ·what the law says about responsibility and
12· ·responsiveness.
13· · · · · · You could continue this matter to your next 14· ·meeting, February 21st, or even the meeting beyond, to 15· ·give us a chance to evaluate some of the things that we 16· ·heard tonight with you in closed session, but I should 17· ·add that it's likely that the bidders would have to then 18· ·contact their sureties to get extensions on their bid 19· ·bonds to make sure that we could still award it, if you 20· ·decided to award it after considering all the
21· ·information that you heard tonight and if we continue it 22· ·to the February 21st meeting or some meeting beyond 23· ·that, but that is an option.
24· · · · · · And like I said, you -- you've got a basis for 25· ·going into closed session, and that's the fact that you ·1· ·heard two threats tonight of litigation from two of the ·2· ·bidders.· Or you can just provide us with -- staff with ·3· ·alternative direction or continue to ask additional ·4· ·questions; that's also on the table.
·5· · · · · · COUNCILMEMBER DAMIAN:· Mayor, if I may, you ·6· ·know, you may want to close the public hearing before ·7· ·we --
·8· · · · · · CITY ATTORNEY MARTINEZ:· It's not a formal ·9· ·public hearing, so --
10· · · · · · COUNCILMEMBER DAMIAN:· Mayor, I would make a 11· ·motion to request for all the bidders to extend their 12· ·bonds for a month, and let's continue this conversation 13· ·to our February 21st meeting so that we can -- there's a 14· ·lot to discuss, there's a lot of things that were put 15· ·into the record, references and all that that I didn't 16· ·get to view before (inaudible).
17· · · · · · So I just recommend to make a motion to move 18· ·this over to our February 21st meeting and ask the 19· ·bidders to extend their bond.
20· · · · · · CEO ENRIQUE ZALDIVAR:· If each of the bidders 21· ·can come to the microphone and see if you're willing to 22· ·extend your bid bond.· And we're saying a minimum of 23· ·30 days.· If you can extend to 45 days, that's even 24· ·better.
25· · · · · · SAM KASBAR:· Kasa Construction is willing to ·1· ·extend the bid bond contingent upon approval to our ·2· ·surety company, which we don't see a problem.
·3· · · · · · CEO ENRIQUE ZALDIVAR:· How long?· 45 days? ·4· · · · · · SAM KASBAR:· Sure.· I'm good with that.
·5· · · · · · CEO ENRIQUE ZALDIVAR:· Okay.
·6· · · · · · SAM KASBAR:· Thank you.
·7· · · · · · LUICCI NADER:· Nationwide Contracting is
·8· ·willing to extend the bid bond for 45 days.
·9· · · · · · And just let the record know that all the 10· ·claims that were said about qualification earlier, we 11· ·supercede all those qualifications in terms of
12· ·equipment, manpower, and quality control.· You can 13· ·contact all our cities that we worked with.· Only calls 14· ·you'll get back is why didn't you bid that job Luicci. 15· ·And that's every time on a weekly basis, we hear from 16· ·all the cities.· And we look forward to being responsive 17· ·bidders and starting this project with you guys soon. 18· · · · · · Thank you guys for your time and sorry for the 19· ·delay.
20· · · · · · MARION HACK:· We can extend our bid bond, but 21· ·my concern is the next hearing date I am out of town. I 22· ·cannot attend.· And I am lead counsel.
23· · · · · · So you said on the 21st, I'm sorry?
24· · · · · · CEO ENRIQUE ZALDIVAR:· If you extend it for 25· ·45 days --
·1· · · · · · CITY ATTORNEY MARTINEZ:· The council may be ·2· ·willing to look at this meeting in -- because we have a ·3· ·real full closed session agenda on the 21st.
·4· · · · · · CEO ENRIQUE ZALDIVAR:· Yeah, so -- if it's on ·5· ·the 6th, because by then, you know, Sam will be back. ·6· · · · · · CITY ATTORNEY MARTINEZ:· We have a really full ·7· ·closed session agenda on the 21st, so we were going to ·8· ·cut it close anyway.
·9· · · · · · MARION HACK:· Okay.
10· · · · · · CITY ATTORNEY MARTINEZ:· So you just made it 11· ·easy for us.
12· · · · · · MARION HACK:· Okay.· Good.· Because it was 13· ·going to be impossible.· Thank you.
14· · · · · · What would be the session that you guys are 15· ·considering?
16· · · · · · CITY ATTORNEY MARTINEZ:· The 6th.
17· · · · · · MARION HACK:· The 6th of March.· Okay.· Thank 18· ·you very much.
19· · · · · · COUNCILMEMBER AVILA:· I'll go ahead and second 20· ·Mr. Damian's motion.
21· · · · · · MAYOR ESTRADA:· City Clerk, roll call, please. 22· · · · · · THE CLERK:· City Attorney, I just want to 23· ·clarify that we are --
24· · · · · · CITY ATTORNEY MARTINEZ:· Continuing the matter 25· ·to March 6th.· We will also add a closed session at that ·1· ·date.
·2· · · · · · THE CLERK:· Right.
·3· · · · · · CITY ATTORNEY MARTINEZ:· I'll also note, just ·4· ·so everybody's aware, that the decision that you
·5· ·ultimately make has got to be based only on the
·6· ·information that is before you, that is in the
·7· ·documents, and the information that you heard tonight. ·8· ·So not anything that (inaudible).
·9· · · · · · THE CLERK:· Councilmember Avila.
10· · · · · · COUNCILMEMBER AVILA:· Yes.
11· · · · · · THE CLERK:· Councilmember Garcia.
12· · · · · · COUNCILMEMBER GARCIA:· Yes.
13· · · · · · THE CLERK:· Councilmember Damian.
14· · · · · · COUNCILMEMBER DAMIAN:· Yes.
15· · · · · · THE CLERK:· Mayor Pro Tem Ayala.
16· · · · · · MAYOR PRO TEM AYALA:· Yes.
17· · · · · · THE CLERK:· Mayor Estrada.
18· · · · · · MAYOR ESTRADA:· Yes.
19· · · · · · THE CLERK:· Motion carries 5-0.
20· · · · · · (End of requested transcription.)
21 22
23 24
25 ·1· · · · · · · · · · REPORTER'S CERTIFICATE
·2· · · · · · ·I, the undersigned, a Certified Shorthand ·3· ·Reporter of the State of California, do hereby certify:
·4· · · · · · ·That the foregoing electronically-recorded ·5· ·proceedings were transcribed by me to the best of my ·6· ·ability.
·7· · · · · · ·I further certify I am neither financially ·8· ·interested in the action nor a relative or employee of ·9· ·any attorney or party to this action.
10· · · · · · ·IN WITNESS WHEREOF, I have this date
11· ·subscribed my name.
12 13· ·Dated: 2/14/2024
14 15
16· · · · · · · · · · · · · · _______________________________ · · · · · · · · · · · · · · · Diana Sasseen
17· · · · · · · · · · · · · · CSR No. 13456
18 19
20 21
22 23
24 25

STAFF REPORT
ITEM NO. ____22___

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TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Romany Basilyous, Engineering Manager
DATE: February 7, 2024
SUBJECT: Hearing to Review Bidder Protests and Authorize the Award of Construction Contract to Nationwide Contracting Services, Inc., for City Project No. CIP 21-198, Barnes Park Multi-Benefit Stormwater Capture Project

SUMMARY
This item will authorize the award of a construction contract to Nationwide Contracting Services, Inc., in an amount of $17,199,044.00 for the Barnes Park Multi-Benefit Stormwater CaptureProject. Numerous bids were received for this project, however, after reviewing the bids and investigating the qualifications of bidders, staff found evidence that reflects upon the responsibility of the lowest bidder to perform the Project. In addition, staff received a bid protest from the third-lowest bidder alleging that the bids submitted by the lowest and second-lowest bidders were not responsive. Numerous other letters were received from the bidders. The foregoing are set forth in the Record accompanying this Report (attachment 2).

The purpose of this agenda item is to provide bidders with a hearing to give them an opportunity to present evidence concerning their responsibility and, after considering the evidence presented, for the Council to make an award.

This Project consists of construction of various improvements. These improvements include, but are not limited to, the installation of a subsurface stormwater infiltration system, storm drain improvements in the neighborhood, the expansion and rehabilitation of the existing parking lot, the addition of diagonal parking spaces along Patritti Avenue, upgrades to the existing play fields, construction of ADA accessible park entrances, the installation of new play equipment, construction of an additional restroom at the park’s building facility, enhancements to the existing basketball courts, and all other associated work as outlined in the plans and specifications.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Provide all bidders with an opportunity to address any issue relating to responsibility and/or the responsiveness of their bids; and,

2. Determine that Zusser Company, Inc. (“Zusser”) is non-responsible bidder: and

3. Approve and award the construction contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00; and,

4. Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc.; and,

5. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment.

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Approved Funds Amount
Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $8,700,000.00 Fund 270 Prop 68 California Parks Grant $2,874,351.00
Fund 231 Quimby $6,570.00
Approved Funds Total $11,580,921.00
Appropriation Amount
Fund 231 Quimby $1,300,000.00
Fund 255 Measure M $300,000.00
Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $4,835,690.00 Fund 258 Safe, Clean Water – Measure W Local Return $1,200,000.00 Appropriation Total $7,635,690.00
Construction Costs Amount
Construction Contract $17,199,044.00
Contingency, Construction Management, Inspection Services and Permits $2,000,000.00 Total Construction Budget $19,199,044.00

Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood Control District, essentially locking-in the programmed funds to be disbursed in advance over the 4 years.

In August 2019, the City applied for supplemental funds for park improvements via the State’s Prop 68 call for projects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable.

On August 16, 2023, staff provided a high-level overview of the project to City Council during a Study Session presentation. Staff reported the completion of the plans and specifications and informed the Council that the project was ready for bid.

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1. Zusser did not demonstrate candor in responding to City inquiries into its qualifications. Rather, Zusser withheld production of documents, first on an unfounded claim of mediation privilege, and when confronted conditioned its production of documents on the City producing the information prompting its inquiry. Such evasiveness is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract.

2. In addition, Zusser disputes responsibility for worker misclassifications its admitted before the Department of Industrial Relations. Having chosen not to contest such findings, Zusser cannot claim that it did not engage in the violations. Zusser’s failure to take responsibility for its own conceded prior violations conceded in other proceedings is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract.

As a result, it was determined by staff that there exists evidence that reflects upon their responsibility to perform the Project and whether Zusser is a responsible bidder. However, such a determination can only be made after Zusser is provided an opportunity to respond to these findings at this hearing and respond/defend their qualifications as a responsible bidder.

Per California Public Contract Code, Section 20162 provides that “[W]hen the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be contracted for and let to the lowest responsible bidder after notice.”
The accompanying Record sets forth the background of this matter and is incorporated by reference as if fully set forth herein.

Responsibility of a Bid
A bidder is responsible if it “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103 (underline added).). Typically, questions of responsibility include, for example, whether a bidder has

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experience with projects of the size contemplated, whether the bidder has sufficient bonding capacity, whether the proposed personnel or subcontractors have required licenses and whether the bidders past actions, such as submitting false or inflated extra work claims, demonstrate a lack of trustworthiness.

Due process requires that “prior to awarding a public works contract to other than the lowest bidder, a public body must notify the low monetary bidder of any evidence reflecting upon his responsibility received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract. The City has provided such written notice to Zusser, Kasa, and Nationwide.

Responsiveness of a Bid
Responsiveness refers to the bids themselves and whether the bids contain all of the elements requested in the bid proposal and whether the bid promises to do what the bid instructions require. A bid that contains a deviation from what the bid solicitation required is non-responsive. However, a public agency can waive the irregularity if it is considered non-material and does not give a party an unfair advantage in the bids.

City staff has evaluated the correspondence of the bidders and is not of the opinion that there is any merit to protests as to other bidders on responsiveness grounds. Nevertheless, those bidders may also address the Council as to these issues during the hearing.

Outline for Hearing

1. Accept Staff Report & Questions to Staff

2. Open Hearing
A. Presentation from Kasa (Approx 5 minutes)
- Questions from the City Council
- Responses from Staff
B. Presentation from Nationwide (Approx. 10 minutes)
- Questions from the City Council
- Responses from Staff
C. Presentation from Zusser (Approx 10 minutes)
- Questions from the City Council
- Responses from Staff
D. Rebuttal from Nationwide (Approx. 3 min)

3. Close Hearing and Take Action

ALTERNATIVES

1. Request that all bidders stipulate on the record that they will extend their bid bonds for a further month and continue this matter to the Council Meeting on February 21, 2024.

2. The City Council may choose not to award a construction contract, reject all bids, and re-bid the project. This action is not recommended as re-bidding the project will delay the work and may result in increased costs.

3. Provide Staff with alternate direction.

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LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Contract Service Agreement

2. The Record, comprised of the City’s letters dated January 11, 2024 and January 30, 2024, and all enclosures thereto, and the City’s email to counsel of record for all bidders on January 30, 2024 enclosed herewith.

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR
City Project No. CIP 21-198 – Barnes Park Multi-Benefit Stormwater Capture Project THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 7th day of February, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Nationwide Contracting Services Inc. (herein "Contractor"). The parties hereto agree as follows:

Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

1. SERVICES OF CONTRACTOR

Contractor shall be responsible for all sub-contractors' compliance with this Section.

For Federal Prevailing Wages see Exhibit “D”.

2. COMPENSATION

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

4. COORDINATION OF WORK

Luicci Nader
7600 Liberty Dr.

Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

5. INSURANCE, INDEMNIFICATION AND BONDS

Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub- contractors.

6. RECORDS AND REPORTS

7. ENFORCEMENT OF AGREEMENT

The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9. MISCELLANEOUS PROVISIONS

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: Public Works Department
To Contractor:Luicci Nader
7600 Liberty Dr.

Huntington Beach, CA, 92647

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

CONTRACTOR:

By: By:
(Print Name) (Print Name)
Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation
ATTEST:

By:

Emmanual J. Estrada, MAYOR
APPROVED AS TO FORM:

By:

City Clerk
City Attorney
RECORD
Grant R. Orbach
Associate
916 329-3692
[email protected]
Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com January 11, 2024
VIA E-MAIL [[email protected]]
Marion T. Hack
Troutman Pepper Hamilton Sanders LLP
Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071
VIA E-MAIL [[email protected]]
Robert C. Niesley
Watt, Tieder, Hoffar & Fitzgerald, LLP
2040 Main Street, Suite 300
Irvine, California 92614
VIA E-MAIL [[email protected] ]
Christopher Morrow
Salamirad, Morrow, Timpane & Dunn LLP
17901 Von Karman Avenue, Suite 500
Irvine, California 92614
Re: BID PROTEST AND RELATED PROCEEDINGS RE: BARNES PARK

MULTI BENEFIT STORMWATER CAPTURE PROJECT
Dear Colleagues:

Our office represents the City of Baldwin Park (“City”), and all further communication regarding this matter should be directed to the undersigned. The City is in receipt of the following correspondence regarding the bidding of the above referenced project (the “Project”):

Exhibit A – Nov. 20, 2023 Letter From Kasa Construction, Inc. (“Kasa Ltr. #1”) Exhibit C – Dec. 14, 2023 Letter from Zusser Company, Inc. (“Zusser Ltr. #1”) Exhibit E – Dec. 21, 2023 Letter From Kasa Construction, Inc. (“Kasa Ltr. #2”) Exhibit F - Dec. 22, 2023 Letter from Zusser Company, Inc. (“Zusser Ltr. #2”) Exhibit G – December 29, 2023 Letter from Nationwide Contracting Services, Inc. (“Nationwide”)
The City responded to Kasa Ltr #1 as set forth in Exhibit B and to Zusser Ltr. #1 as set forth in Exhibit D. The City is setting a hearing for February 7, 2024 at a time to be set by agenda posted Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 11, 2024

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Baldwin Park City CouncilMarch 6, 2024

Baldwin Park City Council
March 6, 2024